1988 Ed.]
Magistrates
[CAP. 227
71
copy of such notice to the respondent and, if he is not the respondent, also to the Attorney General; (Amended, 6 of 1968, s. 3) (See Forms 101, 102)
(b) when a notice of appeal has been given to the magistrates' clerk the magistrate whose conviction, order or determination is the subject of the notice of appeal shall prepare a signed statement of his findings on the facts and other grounds of his decision and within 15 days after the day on which the notice of appeal was given cause a copy to be served upon the appellant and respondent and, if he is not the respondent, also upon the Attorney General; (Amended, 6 of 1968, s. 3)
(c) the appellant shall after giving notice of appeal to the magistrates' clerk and within 10 days after the day on which the notice of appeal was given (Amended, 6 of 1968, s. 3)
(i) enter into a recognizance in the sum of $250, unless a magistrate otherwise orders, conditioned to prosecute his appeal with diligence, to abide by and duly perform the order of the judge or of the Court of Appeal and to pay such costs as may be awarded by the judge or by the Court of Appeal; or (See Forms 98, 99)
(ii) with the magistrate's consent, as respects the whole or any part of such sum or any other sum so fixed, give as security for the fulfilment of the conditions prescribed for a recognizance under sub-paragraph (i) such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient. (Replaced, 30 of 1958, s. 8)
Extension of time for giving notice of appeal under section 114
(Replaced, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 1]
114A. (1) Where it appears to a magistrate or to a judge, on application made in accordance with subsection (2), that any person wishing to appeal against any conviction, order or determination by any magistrate has failed to give the notice of appeal required by section 114 within the period of 14 days prescribed by paragraph (a) thereof, the magistrate or the judge, as the case may be, may, on good cause being shown by the applicant, order that such notice may be given within such further time as shall be specified in such order.
(2) An application under subsection (1) shall be made in writing and— (See Form 103)
(a) where the application is being made to a magistrate, shall be sent by
the applicant to the magistrates' clerk; or
(b) where the application is being made to a judge, shall be sent by the
applicant to the Registrar.
(3) Where an order is made under subsection (1)—
(a) the magistrates' clerk or the Registrar, as the case may be, shall give notice of the order to the applicant and to the respondent and, if he is not the respondent, to the Attorney General; and
(b) if the order was made by a judge, the Registrar shall also give notice
thereof to the magistrates' clerk.
)
1988 Ed.]
Magistrates
[CAP. 227
71
copy of such notice to the respondent and, if he is not the respondent, also to the Attorney General; (Amended, 6 of 1968, s. 3) (See Forms 101, 102)
(b) when a notice of appeal has been given to the magistrates' clerk the magistrate whose conviction, order or determination is the subject of the notice of appeal shall prepare a signed statement of his findings on the facts and other grounds of his decision and within 15 days after the day on which the notice of appeal was given cause a copy to be served upon the appellant and respondent and, if he is not the respondent, also upon the Attorney General; (Amended, 6 of 1968, s. 3)
(c) the appellant shall after giving notice of appeal to the magistrates' clerk and within 10 days after the day on which the notice of appeal was given (Amended, 6 of 1968, s. 3)
(i) enter into a recognizance in the sum of $250, unless a magistrate otherwise orders, conditioned to prosecute his appeal with diligence, to abide by and duly perform the order of the judge or of the Court of Appeal and to pay such costs as may be awarded by the judge or by the Court of Appeal; or (See Forms 98, 99)
(ii) with the magistrate's consent, as respects the whole or any part of such sum or any other sum so fixed, give as security for the fulfilment of the conditions prescribed for a recognizance under sub-paragraph (i) such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient. (Replaced, 30 of 1958, s. 8)
Extension of time for giving notice of appeal under section 114
(Replaced, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 1]
114A. (1) Where it appears to a magistrate or to a judge, on application made in accordance with subsection (2), that any person wishing to appeal against any conviction, order or determination by any magistrate has failed to give the notice of appeal required by section 114 within the period of 14 days prescribed by paragraph (a) thereof, the magistrate or the judge, as the case may be, may, on good cause being shown by the applicant, order that such notice may be given within such further time as shall be specified in such order.
(2) An application under subsection (1) shall be made in writing and— (See Form 103)
(a) where the application is being made to a magistrate, shall be sent by
the applicant to the magistrates' clerk; or
(b) where the application is being made to a judge, shall be sent by the
applicant to the Registrar.
(3) Where an order is made under subsection (1)—
(a) the magistrates' clerk or the Registrar, as the case may be, shall give notice of the order to the applicant and to the respondent and, if he is not the respondent, to the Attorney General; and
(b) if the order was made by a judge, the Registrar shall also give notice
thereof to the magistrates' clerk.
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