CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 258

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(10) The refusal of a magistrate to grant a review or his decision upon a review shall for the purposes of sections 100 and 105 be deemed to be the determination of a proceeding which he has power to determine in a summary way.

PART VI.

APPEALS.

Appeal on question of law.

case on

c. 43, s. 2;

c. 49, s. 33.

100. Within seven clear days after the hearing and de- Application termination by a magistrate of any complaint, information, to state charge or other proceeding which he has power to determine point of law. in a summary way, either party thereto or any person aggriev- 20 & 21 Vict. ed thereby who desires to question by way of appeal any con- viction, order, determination or other proceeding as aforesaid 42 & 43, Vict. on the ground that it is erroneous in point of law, or that it is First in excess of jurisdiction, may apply in writing to the magistrate Fo to state and sign a case setting forth the facts and the grounds Nos. 84 on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for and the opinion of the Full Court.

Schedule. Forms

and 87.

(See s. 108

definitions of "party" and

"'respondent" in s. 2).

101. The appellant shall, within fourteen days after the Transmission delivery of the case to him as hereinafter mentioned, transmit of case to Registrar the case to the Registrar, first giving notice in writing of such and notice to appeal and sending with it a copy of the case to the other respondent. party to the proceeding before the magistrate, hereinafter 20 & 21 Vict. referred to as the respondent, and to the Crown Solicitor.

c. 43, s. 3.

magistrate.

102. After the delivery of a case to the appellant as Amendment aforesaid but before the commencement of the hearing by the of case by Full Court, it shall be lawful for the magistrate on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit, provided that if the case is so amended the provisions of sections 101 and 103 shall be com- plied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.

103. When the case has been transmitted to the Registrar Setting as aforesaid, it shall be set down for argument on the request down case

for argument. of either party four clear days at least before the day appoint- ed for argument, and shall be heard, save as hereinafter pro- vided, by the Full Court: Provided always that the party setting down the case for argument shall give to the Crown Solicitor and to the opposite party four clear days notice of the day appointed therefor.

case back

104. The Full Court shall have power, if it thinks fit, to Full Court cause the case stated for its opinion to be sent back to the may send magistrate for amendment, and thereupon the same shall be for amend- amended accordingly, and judgment shall be delivered after the ment. same has been amended.

20 & 21 Vict. c. 43, s. 7.