221585-1935-Supplementary-Draft-Bill--Magistrates-Amendment-Buildings — Page 4

Provisions

as to costs.

23 & 24

Geo. 5,

c. 38, s. 5.

1172

of the abandonment to the other party to the appeal and to the Registrar.

A notice authorised or 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 appeal has been so abandoned--

(a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done thereunder by the appellant; and

(b) any magistrate may, on the application of the other party to the appeal, order the appellant to pay to him such costs as the Registrar shall determine to be just and reason- able in respect of expenses properly incurred by him in connection with the appeal before notice of the abandonment was given to him; and

(c) any recognizance entered into in connection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall re-transmit any such recognizance to the magistrate's clerk, and the provisions of sub-sections (1) and (3) of section 59 (except the words from "or giving security" to the end of the said sub-section (1)) shall apply in relation to any such re- cognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.

(3) The payment of any costs ordered to be paid under sub-section (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and such payment shall not be enforced in any other manner.

118H-(1) On any appeal to which section 118A or 118B applies, the judge may make such orders as to costs, as he may think fit, and may-

(i) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;

(ii) in any case, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.