221585-1935-Supplementary-Draft-Bill--Magistrates-Amendment-Buildings — Page 3

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(vii) the judge may by his order confirm, reverse or vary the magistrate's decision, or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate. The judge may also make such order as to costs to be paid by either party as he thinks just;

(viii) the powers of the judge under paragraph (vii) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;

(ix) the Registrar shall send to the magistrate's clerk, for entry in his record, a memorandum of the judge's decision, and shall endorse a like memorandum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of the memorandum shall be added thereto and shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.

as to entry

c. 38, s. 3.

118F.-(1) So soon as an appellant has complied with Provisions the provisions of paragraph (ii) of section 118E, with respect of appeal. to entering into a recognizance or giving other security. the 23 & 24 magistrate's clerk shall transinit to the Registrar the notice Geo. 5, of appeal, the depositions and such copies thereof as the Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with а copy of the depositions, to the appellant, to the other party to the appeal, and to the Crown Solicitor, as to the date, time and place fixed for the hearing of the appeal.

A notice 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 appellant has for the purposes of paragraph (iv) of section 118E entered into a separate recognizance or given other security for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any. and a statement as to any other such security given by the appellant.

(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, Οι his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to such magistrate's clerk.

appeal.

118G. (1) In the case of an appeal under section 118A Abandon- or 118B the appellant may at any time, not less than two ment of clear days before the date fixed for the hearing, abandon the 23 & 24 appeal by giving notice in writing to the clerk of the Geo. 5, magistrate against whose decision the appeal is brought, and, c. 38, s. 4. if he gives such notice, the clerk shall forthwith give notice