72
CAP. 227]
Magistrates
[1988 Ed.
(4) An application may be made under subsection (1) to a judge notwithstanding the refusal by a magistrate of an application thereunder.
(Added, 6 of 1968, s. 4) [cf. U.K. 1952 c. 55, s. 84]
General provisions as to appeals
Service and notice
115. (1) Despite the provisions of this Part it shall be unnecessary to serve any notice or document on the Attorney General if the appeal relates to any order or determination other than an order or determination relating to or in connection with an offence.
(2) Any notice or document required to be served on the Attorney General shall be served upon the clerk in the Attorney General's chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post.
(3) Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if dispatched by registered post addressed, in the case of a person in prison custody, to the Commissioner of Correctional Services and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document dispatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post.
(4) Where it is made to appear to a judge that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided he may order that such notice be given or such document served-
(Amended, 92 of 1975, s. 58)
(a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or
(b) by advertisement thereof in one or more newspapers published in the Colony; or
(c) by notice thereof put up at the court house or at some other place of public resort.
Provision as to entry of appeal
(Replaced, 24 of 1949, s. 39)
116. (1) So soon as an appellant has complied with the provisions of section 114(c), with respect to entering into a recognizance or giving other security, the magistrates' clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and the statement by the magistrate of his findings on the facts and other grounds of his decision, and thereupon the Registrar shall enter