trial ice,
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eal
.ed
ily
by
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er
to
or
1
MAGISTRATES.
No. 3 of 1890.
531
party 4 clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by the Full Court: Provided always that the party setting down the case for argument shall give to the opposite party 4 clear days notice of the day appointed therefor.
may send
102. The Full Court shall have power, if it thinks fit, to cause the case stated for its opinion to be sent back to the Magistrate for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after the same has been amended.
Appeal on question of Fact.
[20 & 21 Vict. c. 43 s. 7.]
for leave to
*
103. Within 7 clear days after the hearing and determination by a Magistrate of any complaint, information, charge, or other proceeding which he has power to determine in a summary way, either party thereto or any person aggrieved thereby who desires to question any conviction, order, determination, or other proceeding as aforesaid on the ground that it is erroneous in point of fact may apply to the Magistrate for leave to appeal to the Full Court by way of a re-hearing, and, if such leave is granted the Magistrate's clerk shall, subject to the provisions of section 106, deliver to the appellant a certificate to that effect, and shall forward the original depositions in the case to the Registrar, or, if the party or person desiring to appeal consents thereto, the Magistrate may order the case to be re-heard before him.
form 86.
motion in the
104. Within 10 days after the receipt of such certificate, the appellant shall file the same with the Registrar, together with a motion for a re-hearing before the Full Court, setting forth shortly the grounds therefor, and such motion shall be served on the respondent, and the Full Court, on the hearing thereof, may dismiss the appeal, with or without costs, or may grant a re-hearing subject to such terms as to costs or otherwise as it may think fit.
105. On such re-hearing, unless the Full Court otherwise orders, the case shall be heard and the evidence taken de novo, and the Full Court may, in its discretion, allow fresh evidence to be given on such re-hearing: Provided that in a case where the evidence is taken de novo, if it is proved that a witness who was examined before the Magistrate is dead or unable to be present on such
* As amended by No. 1 of 1912.
rial ice,
!m-
eal
.ed
ily
by
'O
er
to
or
1
MAGISTRATES.
No. 3 of 1890.
531
party 4 clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by the Full Court: Provided always that the party setting down the case for argument shall give to the opposite party 4 clear days notice of the day appointed therefor.
may send
102. The Full Court shall have power, if it thinks fit, to cause Full Court the case stated for its opinion to be sent back to the Magistrate for case back for amendment, and thereupon the same shall be amended accordingly, amendment. and judgment shall be delivered after the same has been amended.
Appeal on question of Fact.
[20 & 21 Vict. c. 43 s. 7.]
for leave to
*
103. Within 7 clear days after the hearing and determination by Application a Magistrate of any complaint, information, charge, or other pro- appeal on ceeding which he has power to determine in a summary way, either question of
fact by way party thereto or any person aggrieved thereby who desires to ques- of re-bearing. tion any conviction, order, determination, or other proceeding as aforesaid on the ground that it is erroneous in point of fact may apply to the Magistrate for leave to appeal to the Full Court by way of a re-hearing, and, if such leave is granted the Magistrate's clerk shall, subject to the provisions of section 106, deliver to the appellant a certificate to that effect, and shall forward the original 1st schedule: depositions in the case to the Registrar, or, if the party or person desiring to appeal consents thereto, the Magistrate may order the case to be re-heard before him.
form 86.
motion in the
104. Within 10 days after the receipt of such certificate, the Filing of appellant shall file the same with the Registrar, together with a Full Court. motion for a re-hearing before the Full Court, setting forth shortly the grounds therefor, and such motion shall be served on the respondent, and the Full Court, on the hearing thereof, may dismiss the appeal, with or without costs, or may grant a re-hearing subject to such terms as to costs or otherwise as it may think fit.
105. On such re-hearing, unless the Full Court otherwise orders, Procedure the case shall be heard and the evidence taken de novo, and the on re-hearing. Full Court may, in its discretion, allow fresh evidence to be given on such re-hearing: Provided that in a case where the evidence is taken de novo, if it is proved that a witness who was examined before the Magistrate is dead or unable to be present on such
* As amended by No. 1 of 1912.
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