Repeal of Ordinance
No. 3 of 1890, s. 112, and
Bubstitution
of new section.
Insertion
of new section 113A in Ordinance No. 3 of 1890.
660
other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the pro- ceedings therein recorded took place.
21. Section 112 of the Magistrates Ordinance, 1890, is repealed and the following section is substituted therefor :-
Treatment of appel- lant, etc., pending appeal or
rehearing.
112.~(1) Any judge shall have power to admit to bail any appellant who is in the custody of the Superintendent of Prisons, or such judge may order him to be brought up to the court in custody for the purpose of attending the appeal or any application or proceeding therein,
(2) Every person who has applied in writ- ing to a magistrate to state and sign a case, or who has applied to a magistrate for leave to appeal to the Full Court by way of a re- hearing, or who has applied to a magistrate to review his decision or adjudication under the provisions of section 96, shall, if he is in the custody of the Superintendent of Prisons, be treated, pending the determination of such application and of the subsequent appeal or review, if any, in such manner as may be Ordinance directed, by the rules made under the Prisons Ordinance, 1899, for the case of persons awaiting trial.
No. 4 of
1899.
7 Edw. 7, c. 23,
(3) The time during which an appellant, E. 14 (3). pending the determination of his appeal, is admitted to bail, and, subject to any direc- tions which the Full Court may give to the contrary, the time during which the appel- lant, if in custody, is treated under this section as if he were a person awaiting trial, shall not count as part of any term of impri- sonment under his sentence, and any impri- sonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the Full Court, shall, subject to any directions which may be given by the Full Court, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody as from and including the day on which the appeal is determined, or, if he is not in cus- tody, as from and including the day on which he is received into prison under the sentence.
(4) Sub-sections (1) and (3) shall apply to the case of a person who has applied for a re-hearing under the provisions of section 96, as if he were au appellant, save that refer- ences to a judge shall be understood as references to the magistrate by whom the original proceeding was determined, refer- ences to the Full Court shall be understood as references to such magistrate upon the re- hearing, and references to an appeal shall be understood as references to a review.
22. The following section is inserted in the Magis- trates Ordinance, 1890, immediately after section 113
thereof :-
Death, 113A. If any step in or in connexion absence or with any appeal or intended appeal is ren- incapacity
dered impossible by the death, absence or magistrate, incapacity of a magistrate, the Full Court upon motion shall have power for good cause
of
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