34
CAP. 4
Supreme Court
[1989 Ed.
remove the proceedings before the magistrate or the District Court into the High Court, and the High Court determines that the magistrate or the District Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrate or the District Court had power to impose.
(2) Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed by a magistrate or the District Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed by the magistrate or the District Court.
(3) This section shall apply, with the necessary modifications, in relation to any order of a magistrate or the District Court which is made on, but does not form part of, the conviction of an offender as it applies in relation to a conviction and sentence.
25A. Execution of instruments by order of High Court
[cf. 1960 c. 65 s. 16 U.K.]
(1) Where the High Court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to endorse any negotiable instrument, then, if that person-
(a) neglects or refuses to comply with the judgment or order; or
(b) cannot after reasonable inquiry be found,
the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be endorsed, by such person as the Court may nominate for that purpose.
(2) A conveyance, contract, document or instrument executed or endorsed in accordance with subsection (1) shall have the same effect as if it had been executed or endorsed by the person originally directed to execute or endorse it.
(3) Nothing herein shall be held to abridge the powers of the High Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.
(Added 52 of 1987 s. 20) [cf. 1981 c. 54 s. 39 U.K.]
26. Wards of court
(1) Subject to the provisions of this section, no infant shall be made a ward of court except by virtue of an order to that effect made by the High Court.
(2) Where application is made for such an order in respect of an infant, the infant shall become a ward of court on the making of the application, but
Page 35
Page 36
34
CAP. 4
Supreme Court
[1989 Ed.
remove the proceedings before the magistrate or the District Court into the High Court, and the High Court determines that the magistrate or the District Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrate or the District Court had power to impose.
(2) Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed by a magistrate or the District Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed by the magistrate or the District Court.
(3) This section shall apply, with the necessary modifications, in relation to any order of a magistrate or the District Court which is made on, but does not form part of, the conviction of an offender as it applies in relation to a conviction and sentence.
25A. Execution of instruments by order of High Court
[cf. 1960 c. 65 s. 16 U.K.]
(1) Where the High Court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to endorse any negotiable instrument, then, if that person-
(a) neglects or refuses to comply with the judgment or order; or
(b) cannot after reasonable inquiry be found,
the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be endorsed, by such person as the Court may nominate for that purpose.
(2) A
conveyance, contract, document or instrument executed or endorsed in accordance with subsection (1) shall have the same effect as if it had been executed or endorsed by the person originally directed to execute or endorse it.
(3) Nothing herein shall be held to abridge the powers of the High Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.
(Added 52 of 1987 s. 20) [cf. 1981 c. 54 s. 39 U.K.]
26. Wards of court
(1) Subject to the provisions of this section, no infant shall be made a ward of court except by virtue of an order to that effect made by the High Court.
(2) Where application is made for such an order in respect of an infant, the infant shall become a ward of court on the making of the application, but
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