Service and notice,
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tioned to prosecute his appeal with diligence, to abide by and duly perform the order of the judge or Full Court and to pay such costs as may be awarded by the judge or Full Court, or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by doposit of money with the magistrate's clerk, or otherwise, as the magistrate may dcem sufficient,
General provisions as to appeals.
110. (1) Despite the provisions of this Part it sball be unnecessary to serve any notice or document on the Attorney General if the appeal relates to any order or determination other than an order or determination re- lating to or in connection with an offence.
(2) Any notice or document required to be served on the Attorney General shall be served upon the olerk in the Attorney General's Chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post.
(3) Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if despatched by registered post addressed, in the case of a person in prison cuabody. to the Commissioner of Prisons and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document despatchad by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordiasry course of post.
(4) Where it is made to appear to a judge of the court that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided be may order that such notice be given or such document servad—
(a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whoin the document is to be served; or
(b) by advertisement thereof in one or more newspapers published in the Colony; or
(c) by notice thereof put up at the court house or at some other place of public resort.
Provision as
to entry of appeal. Jet. 13 34 Geo. 5. c.38)
7.3-1
A&andar- nient of appeal. c. 23 Gon, 5, 0.88, *4+]
34
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111. (1) So soon as an appellant has complied with the provisions of sub-section (8) of section 100, with respect to entering into a recognizance or giving other security, the magistrate's clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and the statement by the magistrate of his findings on the facts and other grounds of his decision, and thereupon the Registrar shal enter the appeal, and shall in due course give notice. together with a copy of the depositions, to the appellant, to the respondent and to the Attorney General as to the date, time and place fixed for the hearing of the appeal. (2) Where an appellant has for the purposes
of sub-section (4) of section 114 entered into & separate recognizance or given other accurity for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any, and a statement as to any other such aecurity given by the appellant,
(3) Where any recognizance for the purposes of such an appeal as aforesaid is entered into otherwise than before the magistrate against whose decision the appeal is brought, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to such magistrate's clerk.
112. (1) In the case of an oppeal under section 100 or section 108 the appellant may at any time, not less than two clear days before the date fixed for the hearing. abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice of the abandonment to the respondent and to the Registrer.
(2) Where an appeal has been abandoned-
(a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done thereunder by the appellant; and
(b) any magistrate may, on the applica tion of the respondent, order the appellant to pay to him auch costs as the Registrar shall determine to be just and reasonable in respect of expenses properly incurred by him in connection with the appeal before notice of the abandonment was given to him; and
(c) any recognizance entered into in con- nection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar
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