Magistrates.
[CAP. 227
s. 102 cont.] commencement of proceedings by either party with a view to questioning the decision of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned.
(10) For the purpose of determining the time within 24 of 1949, s.38. which an appeal whether by way of case stated under section 103 or under section 111 may be lodged, the determination of a case by way of review under this section or the refusal to grant a review shall, in the event of such determination or refusal and notwithstanding anything contained in the sections aforesaid, or in section 112 be the date as from which the respective periods for lodging an appeal shall run but nothing in this Ordinance shall authorize an appeal, whether by way of case stated or otherwise, from the refusal of a magistrate to grant a review.
[99
PART VI.
APPEALS.
Appeal by way of case stated.
to state case on point of law. [cf. 20 & 21 Vict. c. 43, s. 2; 42 & 43 Vict. c. 49, s. 33.] Rules. Forms 84, 86. 24 of 1949, s.39.
103. Within seven 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 by way of appeal any conviction, order, determination or other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the magistrate to state and sign a case setting forth the facts and the grounds on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for the opinion of a judge of the court. In the case of any determination which a magistrate has power to determine in a summary way and which relates to or is connected with an offence the Attorney General shall, notwithstanding that he may not be deemed to be a party, have a similar right to apply for a case to be stated as that hereinbefore afforded to the parties and upon the exercise of such right by the Attorney General the complainant or informant shall cease to be a party to any further proceedings.
[100
287-
{
Magistrates.
[CAP. 227
mencement of proceedings by either party with a view to [s. 102 cont.] questioning the decision of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned.
(10) For the purpose of determining the time within 24 of 1949, s.38. which an appeal whether by way of case stated under section 103 or under section III may be lodged, the deter- mination of a case by way of review under this section or the refusal to grant a review shall, in the event of such determination or refusal and notwithstanding anything contained in the sections aforesaid, or in section 112 be the date as from which the respective periods for lodging an appeal shall run but nothing in this Ordinance shall authorize an appeal, whether by way of case stated or otherwise, from the refusal of a magistrate to grant a review.
[99
PART VI.
APPEALS.
Appeal by way of case stated.
to state case
on point of [ef. 20 & 21
law.
Vict.
c. 43, s. 2; c. 49, s. 33.1 Rules.
42 & 43 Vict.
Forms 84, 86.
24 of 1949, 8.39,
103. Within seven clear days after the hearing and Application determination by a magistrate of any complaint, informa- tion, 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 by way of appeal any conviction, order, determination or other pro- ceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the magistrate to state and sign a case setting forth the facts and the grounds on which the con- viction, order or determination was granted and the grounds on which the proceeding is questioned, for the opinion of a judge of the court. In the case of any determination which a magistrate has power to determine in a summary way and which relates to or is connected with an offence the Attorney General shall notwithstanding that he may not be deerned to be a party, have a similar right to apply for a case to be stated as that hèreinbefore afforded to the parties and upon the exercise of such right by the Attorney General the complainant or informant shall cease to be a party to any further proceedings.
[100
287-
No comments yet.
Private notes are available after approval.