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sonment for six months.
It is also made an
offence to be in possession of a firearm and any ammunition therefor while drunk. The definition of drunkenness referred to above has been adapted to meet this case.
new
12. Section 12 of this Ordinance repeals section 96 of the principal Ordinance and substitutes a section. The section in question deals with re-hearings. The alterations in the new section are as follows: --
(a) The new section makes it clear that it is sufficient if the application for the re-bearing is made within seven clear days, and that the actual decision to review the case need not be made within that time. If an application is made on the last day it may not be possible to come to a decision on that day. (b) The section also makes it clear that the party applying for a re-hearing need not be present at the making of the application. It might be difficult to secure his attendance if he were in custody at the branch prison and if the application were being made on the last day.
(c) Sub-section (3) of the new section gives the Superintendent of Prisons power to produce for the purposes of the review a prisoner who is applying for, or who has obtained, a roview. At present, the Superintendent of Prisons seems to have no power to produce such a prisoner unless the review has actually been commenced in the presence of the prisoner before the end of the seven clear days. (d) Sub-section (6) of the new section provides that for the purposes of the review the magis- trate shall have all the powers that he would have if the matter were being brought before him as an original complaint, including powers for securing the attendance of the parties and witnesses.
(e) Sub-section (8) of the new section makes it clear that a review by the magistrate is not a bar to a subsequent appeal.
(f) Sub-section (2) of the old section 96 is omitted because the subject matter is covered by sections 12 to 14 of the Criminal Proce- dure Ordinance, 1899, Ordinance No. 9 of 1899.
13. Section 13 amends section 99 of the principal Ordinance. The chief amendment is to provide that a person who has obtained a case stated shall serve a copy of the case on the Crown Solicitor as well as on the opposite party. A case occurred recently in which the legal advisers of the Government did not know of the appeal until the time for amendment of the case stated had elapsed. The other amendments are purely technical. One deletes the word "parties" because the singular word “party " includes the plural, by virtue of section 36 of the Interpretation Ordinance, 1911, Ordinance No. 31 of 1911. The singular word "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 Ordinance, and in any case respon- dent would include "respondents".
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14. Section 100 of the principal Ordinance provides that a case stated may be amended by the magistrate at any time before it has been set down for argument before the Full Court. As it is possible for an appel- lant to set a case down as soon as he receives it, this provision might not allow sufficient time for the oppo-
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