"
commencement of the hearing by the Full Court and by the addition at the end thereof of the following words-
provided that if the case is so amended the pro- visions of sections 99 and 101 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.
16. Section 101 of the Magistrates Ordinance, 1890, Amendment is amended by the addition of the words "Crown of Ordinance Solicitor and to the" immediately before the word No. 3 of 1890, “opposite” in the sixth line thereof.
8. 101.
17. Section 103 of the Magistrates Ordinance, 1890, Amendment
of Ordinance is amended by the insertion of the words " or on the
No. 3 of 1890, ground that there was no evidence on which the
s. 103. magistrate could properly convict or make the order or give the determination or take the proceeding in question, as the case may be," immediately after the word "fact" in the seventh line thereof.
18. Section 104 of the Magistrates Ordinance, 1890, Amendment is amended by the addition of the words "and on the of Ordinance
No. 3 of 1890' Crown Solicitor," immediately after the word res- pondent" in the fifth line thereof.
<6
s. 101.
19. Section 106 of the Magistrates Ordinance, 1890, Amendment is amended by the addition of the following sub-section of Ordinance
No. 3 of 1890, 8. 106.
thereto :
(7) If default is made in performing any part of the condition of the recognizance it shall be lawful for the Full Court upon motion by the respondent to declare the recognizance estreated, and the appeal shall thereupon for the purposes of section 111 be deemed to have been decided in favour of the respon- dent.
20. The following section is inserted in the Magis- trates Ordinance, 1890, immediately after section 106 thereof :-
Service
-
106A.-(1) Any notice or document re- and notice. quired to be given, sent to or served on the respondent by the appellant shall be deemed to have been duly given, sent or served if the same shall have been delivered to the solicitor for the time being representing the respon- dent.
(2) If there be no solicitor representing the respondent and it shall be proved that it was impracticable to give or send to or serve on the respondent any notice or document required by this Ordinance the Full Court, in court or in chambers, may direct that the notice or document be advertised or otherwise published and in any event may proceed as though the said notice or document had been duly given or sent to or served on the res- pondent.
Insertion of new section
106 A in Ordinance
No. 3 of 1890.
21. The following section is inserted in the Magis- Insertion trates Ordinance, 1890, immediately after section 108 thereof :-
Depositions 108A. On any appeal under section 103, or admissible on any application under section 102, or on on appeal.
any motion under section 113A, the deposi- tions taken before the magistrate, or a certified
of new
section 108A in Ordinance No. 3 of 1890.
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