CAP. 227]
Transmission of case to notice to respondent, [cf. 20 & 21 Vict. c. 43, s. 3.] Magistrates.
104. The appellant shall, within fourteen days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before the magistrate, hereinafter referred to as the respondent, and, in any case in which the Attorney General is neither the appellant nor deemed to be a party but is entitled to apply for a case to be stated, also to the Attorney General. [101]
24 of 1949, s.89.
Amendment of case by magistrate.
105. After the delivery of a case to the appellant as aforesaid but before the commencement of the hearing by a judge, it shall be lawful for the magistrate on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit: Provided that if the case is so amended the provisions of sections 104 and 106 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original. [102]
24 of 1949, s.89.
Setting down case for argument.
106. When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party four clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by a judge of the court: Provided always that the party setting down the case for argument shall give to the Attorney General and the respondent four clear days' notice of the day appointed therefor. [103]
24 of 1949, s.39.
Judge may send case back for amendment.
107. The judge shall have power, if he thinks fit, to cause the case stated for his 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. [cf. 20 & 21 Vict. c. 48, s. 7.]
24 of 1949, s.39.
Giving of security by appellant and fees for appeals under s. 103.
108. (1) The appellant shall, within three weeks from the making of an application under section 103, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means,
Rules. Form 87.
24 of 1949, s.89.
288
CAP. 227]
Transmission
of case to
notice to respondent, [cf. 20 & 21 Vict.
c. 43, s. 3.]
Magistrates.
104. The appellant shall, within fourteen days after the Registrar and delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before the magis- trate, hereinafter referred to as the respondent, and, in any case in which the Attorney General is neither the appellant nor deemed to be a party but is entitled to apply for a case to be stated, also to the Attorney General. [101
24 of 1949, s.89.
Amendment
of case by magistrate.
105. After the delivery of a case to the appellant as aforesaid but before the commencement of the hearing by 24 of 1949, 8.89. a judge, it shall be lawful for the magistrate on applica- tion by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit: Provided that if the case is so amended the provisions of sections 104 and 106 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original [102
Setting down case for argument.
case.
106. When the case has been transmitted to the Regis- trar as aforesaid, it shall be set down for argument on the 24 of 1949, s.39. request of either party four clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by a judge of the court: Provided always that the party setting down the case for argument shall give to the Attorney General and the respondent four clear days' notice of the day appointed therefor. [103
Judge may send case
back for
107. The judge shall have power, if he thinks fit, to cause the case stated for his opinion to be sent back to [cf. 20 & 21 the magistrate for amendment, and thereupon the same. shall be amended accordingly, and judgment shall be
amendment.
Vict.
c. 48, s. 7.]
24 of 1949, 8.39. delivered after the same has been amended.
Giving of
'security by
appellant
and fees for
[104
108. (1) The appellant shall, within three weeks from the making of an application under section 103, enter into appeals under a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means,
8. 103.
Rules. Form 87.
24 of 1949, 8.89.
288
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