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s 108

Setting down appeal

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Part VIAdministration of Justice

108 Setting down appeal

(1)

If the appeal is on matter of fact alone, or of both fact and law, the appellant shall, within fourteen days after notice of appeal was filed, set down the appeal for hearing by filing with the Master of the Supreme Court a copy of the notice of appeal, the notes of evidence and exhibits in the original proceedings, and the judgment or order appealed from certified as correct under the hand of the warden or the clerk of the Warden’s Court.

(2)

If the appeal is on matter of law alone, the following provisions shall apply: —

(a)

The appeal shall be in the form of a special case, to be agreed on by the parties, or if within seven days after notice of appeal they cannot agree, then to be settled by the warden at the request of either of them;

(b)

The special case, when agreed on or settled as aforesaid, shall be transmitted to the Master by the appellant, who shall also, within thirty days after the notice of appeal was filed as aforesaid, set the special ease down for rehearing and give notice thereof to the other party.

[Section 108 amended: No. 66 of 1954 s. 36.]

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