CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 95

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"party" is used elsewhere in the principal Ordinance in the

sections dealing with appeals. The other deletes the words

"or respondents" because they are not used elsewhere in the

and in any case "respondent" would include "res-

Ordinance, and in any case

-pondents"

16.

Section 100 of the principal Ordinance provided that

a case stated might be amended by the magistrate at any time

before it had been set down for argument before the Full Court.

as it is possible for an appellant to set a case down as soon

as he receives it, this provision might not allow sufficient

time for the opposite party to consider the case and to apply

for amendment if he were so advised. Section 15 of this Ordi-

-nance therefore, amends section 100 so as to give the magi s-

-trate power to amend the case at any time before the commence-

-ment of the hearing by the Full Court. This will give the

opposite party sufficient time to make any necessary applica-

-tion because four clear days notice of the day appointed for

argument must be given to the other side. Section 100 of

the principal Ordinance is also amended so as to require the

transmission, service and setting down for argument of the

amended case just as if it were the original case.

17.

Section 16 amends section 101 of the principal Ordi-

nance so as to require that notice that the case has beeil

set down shall be given to the Crown Solicitor as well as to

the opposite party.

18. Section 103 of the principal Ordinance did not ex-

ressly refer to the case where the party aggrieved wished

to appeal on the ground that there was no evidence on which

the magistrate could convict. Section 17 includes an express

reference to this case in section 103 of the principal Ordi-

-nance,

That will have the effect of applying to such an

appeal the provisions relating to appeals on the ground of

fact.