9
99
One effect of this apparently is that it would be possible for
the Full Court, should it think fit in any particular case,
to hear further evidence.
19. Section 18 amends section 104 of the principal Ordi-
-nance so as to require service on the Crown Solicitor of the
motion for a re-hearing before the Full Court in the case of
appeal on the ground of fact.
20.
Section 199 adds to section 106 of the principal Ordi-
-nance a new sub-section (7) which gives the Full Court power
to estreat the appellant's recognizance if he fails to perform
any part of the condition. This is in order to provide ex-
-pressly for the class of case where the appeal is abandoned
before it ever reaches the Full Court. Probably the Full Court
had this power already, but it was thought better to give it
expressly, and also to provide that an appeal so disposed of
shall for the purposes of section 111 be deemed to have been
decided in favour of the respondent. The effect of this latter
provision is that a magistrate can then proceed to enforce the
criginal conviction or order.
21. Section 20 inserts in the principal Ordinance a new
section 106A which provides that any notice or document re-
-quired to be given or served by the appellant in any appeal
may be given to or served on the respondent's solicitor, and
that if the respondent has no solicitor and the respondent him-
-self cannot be found the Full Court may proceed with the appeal
as if the notice had been given or the document had been served.
It is evidently convenient to be able to serve a solicitor, and
it seems obvicus that, for example, a convicted person should
not be prevented from appealing by the mere fact that the con-
-plainant has disappeared or is purposely keeping out of the
way.
22.