221585-1935-Supplementary-Draft-Bill--Magistrates-Amendment-Buildings — Page 10

1178

Table of Correspondence,--Continued.

New section.

Section of model.

Remarks.

1

118F

(x)

23 & 24 Geo. 5, c. 38, s. 3.

118G

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

118H

23 & 24 Geo. 5,

c. 38, s. 5.

1181

23 & 24 Geo. 5,

c. 38, s. 6.

References

to conviction, sentence

and order, omitted (v. note to s. 118E (viii) (supra)).

Para. (x) in the Act omitted. Under s. 118E (i) only one notice is required CO be given, by the appellant.

The opening words "In the case of an appeal.......clerk of the peace but" omitted. (v. note at begin- ning of the preceding section);

"the magistrate's clerk shall" for "it shall be the duty of" etc;

"the depositions and such copies thereof as the Registrar may require" inserted;

"or (place of) business" added at the

end of s.s. (1);

"clerk to the justices or other" omitted before "officer" in S.S. (3). The officers before whom a recognizance may be entered into are set out in s. 57 of the principal Ordinance.

"or business" added at the end of s.s. (1) (v. note to S. 118F (supra)).

in s.s. 2 (b): Costs are to be deter- mined by the Registrar, as convenient in local practice;

in s.s. 2 (c): s. 59 (1) and (3) of the principal Ordinance correspond to 42 & 43 V. c. 59, s. 9 (1) and (4);

the wording of s.s. (3) is amended to make it clear that the procedure in ss. 60 et seq. of the principal Ordinance, and not the summary procedure in the Supreme Court, is to be used for the recovery of costs (cf. s. 58 (3) of the principal Ordinance).

8.S.

(2) (v. note to S. 118G (3) (supra)).

No procedure having so far been laid down for the enforcement of recognizances in connection with magistrates' appeals, this section has been made to apply generally to all such recognizances, and not limited to appeals under ss. 118A and 118B;

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