CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 97

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22. Section 21 inserts in the principal Ordinance a new

section 106A which provides that on any appeal on a question of

fact the lepositions taken before the magistrate, or a certified

copy thereof, shall be admissible as evidence of the evidence

which was given and of the statements which were made before the

magistrate, and generally that the proceedings therein recorded

took place. The depositions are also to be admissible on the

hearing of any motion under the new section 113A which is dealt

with in paragraph 24 below, and on any application to the Full

Court to send a Case stated back to the magistrate for amendment.

23. Section 22 repeals section 112 of the principal Ordinance

and substitutes a new section. The principal changes are as

follows:

(a) Sub-section (2) of the new section provides that

every person who has applied for doase stated or for

a certificate of leave to appeal, and every person

who has applied for a review under section 96 of

the principal Ordinance, shall, if he is in custody,

be treated pending the appeal or review as if he were

a person awaiting trial.

(b) Sub-section (3) provides that the time during which

an appellant is admitted to bail, or is treated in

prison as an appellant, pending the appeal, shall

not count as part of his sentence. This sub-section

is taken from section 14 (3) of the Criminal Appeal

Act, 1907, 7 Edw. 7, c.23.

(c) Sub-section (4) gives to a magistrate in the case

of a review similar powers to those given to the

judges and to the Full Court in the case of an appeal

and applies sub-section (3) to the case of a review.

24.