CO129-554-10 Magistrates Amendment Ordinance 1935 18-4-1935 - 17-6-1935 — Page 9

10

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5

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Abandon- ment of

appeal.

23 & 24 Geo. 5, c. 38, s. 4.

Provisions

as to costs.

23 & 24

Geo. 5,

c. 38, 8. 5.

(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.

118G (1) In the case of an appeal under section 118A or 118B 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 other party to the appeal and to the Registrar.

A notice authorised or required by this sub-section to be given to any person may be sent by post in a registered letter addressed to him at his last or usual place of abode or business.

(2) Where an appeal has been so 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 application of the other party to the appeal, order the appellant to pay to him such costs as the Registrar shall determine to be just and reason- able 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 connection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall re-transmit any such recognizance to the magistrate's clerk, and the provisions of sub-sections (1) and (3) of section 59 (except the words from "or giving security" to the end of the said sub-section (1)) shall apply in relation to any such re- cognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.

(3) The payment of any costs ordered to be paid under sub-section (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and such payment shall not be enforced in any other manner.

118H-(1) On any appeal to which section 118A or 118B applies, the judge may make such orders as to costs, as he may think fit, and may--

(i) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;

(ii) in any case, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.

1181.-(1) The following provisions of this section shall Provisions have effect in any case where a recognizance entered into a forfeited in connection with any appeal to which this Ordinance applies recogniz has become forfeited.

(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.

(b) The list or lists so made shall be examined, and, if necessary, corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, he enforced in the manner provided for the enforcing of recognizances by sections 99 to 102 of the Criminal Procedure Ordinance, 1899.

(3) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance, or he may before so signing the list, make an order reducing the amount due under the recognizance to such amount as he thinks fit, and thereupon the reduced amount shall, for the purposes of the said sub-section (2), be deemed to be the amount of the sum forfeited in respect of the recognizance.

(4) The judge, unless he makes an order wholly dis- charging the recognizance-

(a) shall, at the time when he signs it as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and

(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as may be so specified.

(5) Any order under paragraph (b) of sub-section (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.

ances.

23 & 24 Geo. 5, c. 38, s. 6.

Ordinance No. 9 of. 1899.