2
Memorandum,-contd.
NO. OF
AMENDMENT
IN SCHEDULE.
i
REASON FOR AMENDMENT.
15.-(1) to (5). Necessary amendments for incorporation of two amending Ordinances. The words "law agent" are no longer required. The Law Agents (Scot- land) Act, 1873, 36 & 87 Vict. c. 63, was repealed by the Solicitors (Scotland) Act, 1932, 23 & 24 Geo. 5, c. 21, and the word
(6).
solicitor "
36.-(1).
is all that is now necessary so far as Scotland is concerned.
(4).
(6).
Amended to agree with No. 24 of 1908, s. 2 (2), as
amended by No. 19 of 1984.
No. of AMENDMENT
IN SCHEDULE,
35.-(4).
Memorandum,- contd.
REASON FOR AMENDMENT.
Amended to accord with No. 9 of 1899, s. 77A (1),
as amended by No. 37 of 1984.
This amendment is made to bring Form No. 2 into
line with Form No. 8.
Amended for conformity with 16 & 17 Vict. c. 83,
3. 1.
This amendment is made to give effect to the current
practice.
(5).
16.-(1).
Now unnecessary.
See No. 38 of 1932, s. 4 (4).
Definition amended for conformity with 34 & 35
Viet. e. 105, s. 3, and expanded.
39.—(2).
(2),
Now unnecessary.
See note to para. 11 supra.
(3).
(3).
Where desirable in this Revision provisions relating to the army and navy have been extended to include the air force.
17.—(1) & (2). This amendment is designed to bring the local practice into line with the current practice in England.
(4).
Amended to avoid conflict with No. 41 of 1932, s. 108 et seq., Appeals generally as amended by No. 19 of 1935.
18.-(2).
20.
21.—(1).
23.
27.—(2).
Power to apply in the first instance to the trial judge for leave to appeal added to obviate the need for applying in all cases to the Full Court.
Amendments consequential on those effected by No.
19 of 1937.
Amendments consequential on those effected by No.
20 of 1936.
Amended for conformity with No. 9 of 1899, s. 106.
The effect of this provision as originally drafted is a little obscure. The 1891 edition (Leach's edition) contains the words acting under the powers prescribed by the third ["second amended by Ordinance No. 18 of 1890] section of this Ordinance". The amendment now made is designed to give as wide an effect to the pro-
vision as possible consistent with the intention of the Orlinance.
Amended for conformity with s. 2 of the Ordinance. Incorporates the amendments made by various Ordinances and brings the Schedule up to date.
(5).
(6).
31.—(2).
Now unnecessary.
See No. 32 of 1985, s. 48.
32.
This Ordinance has never been enforced.
84.-(1) & (2). These amendments are designed to give effect to the
35.-(1).
current practice.
This amendment is designed to give effect to the
current practice.
(2) & (5). Amended to accord with s. 4 of the Ordinance.
40.-(1).
(8).
41.—(1) (i) &
45.
46.
47.
(2).
(3).
49.-(1).
(2).
50.—(2).
51.-(1).
(8).
(7).
This amendment is made to give effect to the current
practice.
This amendment incorporates the amendments made by various Ordinances and brings this para- graph of the First Schedule to the Ordinance up to date.
The words "informed of his right to be tried are taken from the Act 50 & 51 Viet. c. 28, §. 2. In this Colony, where many offences are triable sunimarily by a magistrate and not on indict- ment, the words asked whether he wishes to be tried are considered more appropriate.
14
See note to para. 11 supra.
**
The words means and " are deleted to avoid
ambiguity in the definition.
Amendments consequent on those effected by No. 5
of 1996.
Amendments made for conformity with (1) No. 7 of 1875, 8. 26 (1), and (2) No. 7 of 1875, s. 29, as amended by No. 24 of 1936.
Repeal of preamble and amendments consequent
thereou.
Amendment made for conformity with No. 10 of
1899, s. 2 (1).
The words deleted by this amendment appear to be unnecessary in view of the provisions of para- graph 163 of the Schedule to the Ordinance.
See note to para. 6 supra.
Amendment made for conformity with 20 & 21 Vict.
c. 77, s. 78.
Amendment made for conformity with 48 & 49 Vict. c. 69, s. 2, as amended by 2 & 3 Geo. 5, c. 20. s. 2.
Amendment made for conformity with 24 & 25 Vict.
c. 100, s. 58.
The Form of Bond in the Schedule to the Ordinance is amended in order to make it applicable to bonds required under both sections 32 (3) and 33 and to make the condition of the bond the observance of a single enactment in each case.
50