1976 Ed.] Magistrates (Administrative) Rules
[CAP. 227
13. Where the defendant is committed to prison or other place of detention, any direction given under section 38 of the Ordinance shall be endorsed on the warrant of commitment.
14. All costs incurred by the plaintiff or complainant in endeavouring to enforce an order shall, unless a magistrate otherwise orders, be enforceable by warrant of distress and sale or by imprisonment not exceeding 6 weeks, unless the same shall be sooner paid.
15. (1) Except insofar as the magistrate may direct all exhibits in the case shall remain in the custody of the magistrates' clerk or of such person as the magistrate may direct until an appeal has been lodged or the period during which an appeal may be lodged has expired.
(2) After the expiration of the period during which an appeal may be lodged or, in the case of an appeal, after the exhibits have been returned to the magistrates' clerk by the Registrar of the Supreme Court as provided by rule 19(2) the magistrates' clerk shall, subject to any order which the magistrate may make, return all exhibits to the persons who originally produced the same:
Provided that any such exhibit as to which an order for restitution may have been made by the magistrate or by a judge of the Court as the case may be, shall not be returned except under the direction of the magistrate or of the judge of the Court as the case may be.
APPEALS
16. In all cases of appeal to the Court of Appeal on questions of law under Part VII of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before 2 judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such copy.
17. Every case stated under Part VII of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.
18. The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of rule 17 shall not be allowed on taxation, unless the Court of Appeal or the judge before whom the appeal is heard specially so directs.
A 5
[Subsidiary]
Direction that money found on defaulter shall not be applied in satisfaction of fine. G.N.A. 78/56.
Costs of plaintiff or complainant in enforcing order.
Custody of exhibits. G.N.A. 82/54.
Delivery of additional copy of case stated.
Mode of stating case.
Costs of drawing and copying case.
Page 5
Page 6
1976 Ed.] Magistrates (Administrative) Rules
[CAP. 227
13. Where the defendant is committed to prison or other place of detention, any direction given under section 38 of the Ordinance shall be endorsed on the warrant of commitment.
14. All costs incurred by the plaintiff or complainant in en- deavouring to enforce an order shall, unless a magistrate otherwise orders, be enforceable by warrant of distress and sale or by im- prisonment not exceeding 6 weeks, unless the same shall be sooner paid.
15. (1) Except insofar as the magistrate may direct all exhibits in the case shall remain in the custody of the magistrates' clerk or of such person as the magistrate may direct until an appeal has been lodged or the period during which an appeal may be lodged has expired.
(2) After the expiration of the period during which an appeal may be lodged or, in the case of an appeal, after the exhibits have been returned to the magistrates' clerk by the Registrar of the Supreme Court as provided by rule 19(2) the magistrates' clerk shall, subject to any order which the magistrate may make, return all exhibits to the persons who originally produced the same:
Provided that any such exhibit as to which an order for restitu- tion may have been made by the magistrate or by a judge of the Court as the case may be, shall not be returned except under the direction of the magistrate or of the judge of the Court as the case may be.
APPEALS
16. In all cases of appeal to the Court of Appeal on questions of law under Part VII of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before 2 judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such copy.
17. Every case stated under Part VII of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.
18. The costs of drawing and copying any such case as afore- said which does not in substance comply with the requirements of rule 17 shall not be allowed on taxation, unless the Court of Appeal or the judge before whom the appeal is heard specially so directs.
A 5
[Subsidiary]
Direction that
money found on defaulter shall not be applied in satisfaction of fine. G.N.A. 78/56.
Costs of plaintiff
or complainant in enforcing order.
Custody of exhibits.
G.N.A. 82/54.
Delivery of additional copy of case stated.
Mode of
stating case.
Costs of
drawing and copying case.
Page 5Page 6
No comments yet.
Private notes are available after approval.