1988 Ed.]
Magistrates
[CAP. 227
69
Setting down case for argument
108. When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party 4 clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by a judge: (Amended, 92 of 1975, s. 58)
Provided that the party setting down the case for argument shall give to the Attorney General and the respondent 4 clear days' notice of the day appointed therefor.
(Replaced, 24 of 1949, s. 39)
Judge may send case back for amendment
109. The judge shall have power, if he thinks fit, to cause the case stated for his opinion to be sent back to the magistrate for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after the same has been amended.
(Replaced, 24 of 1949, s. 39) [cf. U.K. 1957 c. 43, s. 7]
Giving of security by appellant and fees for appeals under section 105
110. (1) The appellant shall, within 3 weeks from the making of an application under section 105, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Court of Appeal and to pay such costs as may be awarded by the judge or Court of Appeal or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient. (See Forms 98, 99)
(2) The appellant, if in custody, may, by order of a magistrate, be brought up for the purpose of entering into the recognizance. (See Form 100)
(3) The appellant shall not be entitled to have the case delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.
(4) The appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the magistrates' clerk or other proper officer, in respect of the said case and recognizance, the fees following-
1. For the recognizance
$5.00
2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of 72 words each
5.00
3. Or if the case exceeds 5 folios, for every additional folio
1.00
(5) This section shall not apply where the application is made by or under the direction of the Attorney General.
(Replaced, 24 of 1949, s. 39)
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