36
Rehearing.
969
magistrate.
99.-(1) Within seven clear days after the determination Review of in any manner by a magistrate of any matter which he has decision by power to determine in a summary way it shall be lawful for either party thereto to apply to the magistrate to review his decision in the matter.
(2) Any such application may be made by the party himself in person, or may be made by his counsel in open court whether the party himself be present or not.
(3) If either party to the said matter is in the custody of the Superintendent of Prisons, the magistrate shall, unless he dismisses the application forthwith, inform the Superintendent of Prisons in writing that an application for a review has been made, and thereafter the Superintendent of Prisons shall pro- duce the said party whenever so required in writing by a magis- trate for the purposes of the review or of the application there- for.
(4) It shall be lawful for the magistrate to grant the application for a review at any time provided that the applica- tion for the review shall have been duly made in accordance with the provisions of sub-sections (1) and (2).
(5) It shall also be lawful for a magistrate on his own initiative, within seven clear days after the determination in any manner of any matter which he has power to determine in a summary way, to re-open the case, and thereafter, whether within the said period of seven clear days or after its expira- tion, to review his decision in the matter
(6) If the magistrate on his own initiative reviews his decision or grants an application 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.
(7) If the magistrate upon the review decides that the case is one which should be re-opened and wholly re-heard and if he is of the opinion that in the interests of justice the case should be re-heard by another magistrate. it shall be lawful for some other magistrate to re-hear and determine the case accordingly.
(8) For the purpose of the review a 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 informa- tion.
(9) No application for a review shall be granted if any proceedings have been commenced by either party with a view to questioning the decision of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned, but any such proceedings shall not debar the magistrate from reviewing his decision on his own initia- tive, as provided for by sub-section (5).