Magistrates.
Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and the statement by the magistrate of his findings on the facts and other grounds of his decision, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the respondent and to the Attorney General as to the date, time and place fixed for the hearing of the appeal.
[CAP. 227
slim
to my
(2) Where an appellant has for the purposes of 48 of 1949, s. 8. paragraph (a) of section 117 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, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to the clerk to such magistrate.
[111
ment of
appeal. Geo. 5,
[cf. 23 & 24
c. 38, s. 4.]
24 of 1949, s.39.
115. (1) In the case of an appeal under section 103 or 111 the appellant may at any time, not less than two clear days before the date fixed for the hearing, abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice of the abandonment to the respondent and to the Registrar.
(2) Where an appeal has been 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 respondent, order the appellant to pay to him such costs as the Registrar shall determine to be just and reasonable in respect of expenses properly incurred by him in connexion with the appeal before notice of the abandonment was given to him; and
293
Magistrates.
Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and the statement by the magistrate of his findings on the facts and other grounds of his decision, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the respondent and to the Attorney General as to the date, time and place fixed for the hearing of the appeal.
[CAP. 227
slim
to my
(2) Where an appellant has for the purposes of 48 of 1949, s. 8. paragraph (a) of section 117 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, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to the clerk to such magistrate.
[111
ment of
appeal. Geo. 5,
[cf. 23 & 24
c. 38, s. 4.]
24 of 1949, s.39.
115. (1) In the case of an appeal under section 103 Abandon- or II the appellant may at any time, not less than two clear days before the date fixed for the hearing, abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice of the abandonment to the respondent and to the Registrar.
(2) Where an appeal has been abandoned- (a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done there- under by the appellant; and
(b) any magistrate may, on the application of the respondent, order the appellant to pay to him such costs as the Registrar shall determine to be just and reasonable in respect of expenses properly incurred by him in connexion with the appeal before notice of the abandonment was given to him; and
293
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