1988 Ed.]
Magistrates
[CAP. 227
73
the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the respondent and to the Attorney General as to the date, time and place fixed for the hearing of the appeal.
(2) Where an appellant has for the purposes of section 119(a) entered into a separate recognizance or given other security for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any, and a statement as to any other such security given by the appellant. (Amended, 48 of 1949, s. 8)
(3) Where any recognizance for the purposes of such an appeal as aforesaid is entered into otherwise than before the magistrate against whose decision the appeal is brought, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to the clerk to such magistrate.
(Replaced, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 3]
Abandonment of appeal
117. (1) In the case of an appeal under section 105 or 113 the appellant may at any time, not less than 2 clear days before the date fixed for the hearing, abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice of the abandonment to the respondent and to the Registrar.
(2) Where an appeal has been abandoned—
(a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done thereunder by the appellant; and
(b) any magistrate may, on the application of the respondent, order the appellant to pay to him such costs as the Registrar shall determine to be just and reasonable in respect of expenses properly incurred by him in connection with the appeal before notice of the abandonment was given to him; and
(c) any recognizance entered into in connection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall retransmit any such recognizance to the magistrates' clerk, and the provisions of subsections (1) and (3) of section 65 (except the words from "and paying or giving security" to the end of the said subsection (1)) shall apply in relation to any such recognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.
(3) The payment of any costs ordered to be paid under subsection (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.
(Replaced, 24 of 1949, s. 39)
[cf. U.K. 1933 c. 38, s. 4]