CAP. 2271
[8. 116 cont.]
Release from custody by a magistrate and powers of the judge
on appeal.
24 of 1949, s.39.
Rules.
Form 87.
Magistrates.
not being appeals reserved for hearing or directed to be argued before the Full Court, either party may be heard by any counsel.
[113
117. In the case of any appeal to which section 103 or III applies—
(a) where an appellant is in custody, any magistrate may, if he thinks fit, release him from custody on his complying with the provisions of sections 108 and 112 relating to entering into recognizances, if he has not already done so, and on his either entering into a recognizance, with or without sureties and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magistrate's consent other security for his appearance;
(b) recognizances for the purpose of section 108 or 112 and this section may, if it be convenient, be combined in one recognizance;
(c) the judge may from time to time adjourn the hearing of any appeal;
(d) the judge may by his order confirm, reverse or vary the magistrate's decision or may direct that the case shall be heard de novo by a magistrate or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate;
(e) the powers of the judge under paragraph (d) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;
(f) the Registrar shall send to the magistrates' clerk, for entry in his record, a memorandum of the judge's decision, and shall indorse a like memorandum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of the memorandum shall be added thereto and
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Page 70
...
Page 71
CAP. 2271
[8. 116 cont.]
Release from custody by a magistrate and powers of the judge
on appeal.
24 of 1949, s.39.
Rules.
Form 87.
Magistrates.
not being appeals reserved for hearing or directed to be argued before the Full Court, either party may be heard by any counsel.
[113
117. In the case of any appeal to which section 103 or III applies—
(a) where an appellant is in custody, any magistrate may, if he thinks fit, release him from custody on his complying with the provisions of sections 108 and 112 relating to entering into recognizances, if he has not already done so, and on his either entering into a recognizance, with
with or without sureties and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magis- trate's consent other security for his appearance ; (b) recognizances for the purpose of section 108 or 112 and this section may, if it be convenient, be combined in one recognizance;
(c) the judge may from time to time adjourn the hear-
ing of any appeal;
(d) the judge may by his order confirm, reverse or vary the magistrate's decision or may direct that the case shall be heard de novo by a magistrate or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate;
(e) the powers of the judge under paragraph (d) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;
(f) the Registrar shall send to the magistrates' clerk, for entry in his record, a memorandum of the judge's decision, and shall indorse a like memoran- dum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of of the memorandum shall be added thereto and
296 -
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Page 70Page 71
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