87
Repeal of Ordinance
No. 3 of 1890, s. 96, and substitution
of new section.
Amendment
13. Section 96 of the Magistrates Ordinance, 1890, is repealed and the following section is substituted
therefor :-
Review of decision and re-
96.-(1) Within seven clear days after the determination in any manner by a magistrate hearing by of any matter which he has power to deter- magistrate. mine in a summary way it shall be lawful for either party thereto to apply to the magis- trate to review his decision.
(2) Any such application may be made by the party himself in person, or may be made by his counsel in person whether the party himself be present or not.
(3) If either party to the said matter is in the custody of the Superintendent of Pri- sons, the magistrate shall, unless he dismisses the application forthwith, inform the Super- intendent of Prisons in writing that an application for a review has been made, and thereafter the Superintendent of Prisons shall produce the said party whenever so required in writing by a magistrate for the purposes of the review or of the application therefor.
(4) It shall be lawful for the magistrate to grant the application for a review at any time provided that the application for the review shall have been duly made in accor- dance with the provisions of sub-sections (1) and (2).
(5) If the magistrate grants the applica- tion for a review it shall be lawful for him upon the review to re-open and re-hear the case wholly or in part, and to take fresh evidence, and to reverse, vary or confirm his previous decision.
(6) For the purpose of the review the magistrate shall have all the powers, as to securing the attendance of the parties and witnesses and otherwise, that he would have if the matter were brought before him as an original complaint or information.
(7) No application for a review shall be granted if any proceedings have been com- menced by either party with a view to ques- tioning the decision of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned.
(8) The decision of the magistrate upon a review shall for the purposes of sections 98 and 103 be deemed to be the determination of a proceeding which he has power to deter- mine in a summary way.
14. Section 99 of the Magistrates Ordinance, 1890,
of Ordinance is amended as follows:-
No. 3 of 1890,
s. 99.
Amendment
(a) by the deletion of the words "or parties" in
the fifth line thereof;
(b) by the deletion of the words “ or respondents"
in the sixth line thereof;
(c) by the addition of the words "and to the
Crown Solicitor" at the end thereof.
15. Section 100 of the Magistrates Ordinance, 1890, of Ordinance is amended by the repeal of the words "before the No. 3 of 1890, case has been set down for argument before the Full Court in the second and third lines thereof and by the substitution therefor of the words "before the
s. 100.