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15. Offences under the following regulations of the Motor Vehicle and Speed Limit Regulations6 - Regulations 6, 8, 10, 16 to 24 (inclusive), 26, 27, 28 and 38.

16. Offences under the following regulations of the Pedestrian Crossing Regulations7 - Regulations 4 to 7 (inclusive).

17. Offences under the following regulations of the Road Traffic Regulations8 - Regulations 5 to 10 (inclusive) and 15 to 25 (inclusive ).

18. Offences under the following rules of the Health Rules9 - Rules 13, 24, 25, 26, 37, 38, 39, 42, 150 and 162.

19. Offences under the following regulations of the Prince George Wharf Regulations10 - Regulations 4, 6, 8 and 13.

20. Offences under the following regulations of the Potters Cay Wharf Regulations11 - Regulations 3, 4, 7, 9 and 10.

APPEALS FROM MAGISTRATES (PROCEDURE) RULES

(SECTION 96) [Commencement 22nd September, 1955]

1. These Rules may be cited as the Appeals from Magistrates (Procedure) Rules.

2. In all appeals against a decision of a magistrate in the exercise of his summary criminal jurisdiction the notices of appeal required by the provisions of section 56 of the Magistrates Act (hereinafter in these Rules referred to as “the Act”) may be served upon the magistrate concerned by handing the same to the said magistrate, or to his clerk, and upon the other party by handing the same to the magistrate or to his clerk where the case has been heard in any Out Island or by handing the same to the prosecuting police officer where the case has been heard in New Providence.

3. In all appeals against a decision of a magistrate in the exercise of his summary matrimonial or civil jurisdiction the notices of appeal required by the provisions

6 Sub. Leg., Vol. III, Ch. 220 – 11 7 Sub. Leg., Vol. III, Ch. 220 – 105 8 Sub. Leg., Vol. III, Ch. 220 – 107 9 Sub. Leg., Vol. III, Ch. 231 – 3 10 Sub. Leg., Vol. IV, Ch. 269 – 3 11 Sub. Leg., Vol. IV, Ch. 269 – 6

G.N. 147/1955

Short title.

Appeals from summary criminal jurisdiction.

Appeals from summary matrimonial or civil jurisdiction.

CH.54 – 6] MAGISTRATES

STATUTE LAW OF THE BAHAMAS LRO 1/2010

of section 56 of the Act may be served upon the magistrate concerned by handing the same to the said magistrate, or to his clerk, and upon the other party by the process-server of the particular magistrate’s court to whom the said other party shall be pointed out and identified by the appellant or his representative.

4. Where a case has been heard in New Providence and a person aggrieved desires to apply for an extension of time under the provisions of the proviso to section 56 of the Act, such application shall be made by notice of motion in the Form A in the Schedule hereto, accom- panied by an affidavit setting out briefly the reasons for such application, and if a copy of such notice and affidavit be served upon the other party in accordance with the provisions of rule 3 of these Rules such notice and service shall be sufficient and good.

5. (1) Where a case has been heard in an Out Island application to extend the time under the proviso referred to in rule 4 of these Rules may be made by notice in Form B in the Schedule hereto, accompanied by an affidavit setting out briefly the reasons for such application and given in the first place to the magistrate concerned. A copy of such notice may be served upon the other party in accordance with the provisions of rule 3 of these Rules and such notice and service shall be sufficient and good.

(2) The other party may, if he so wishes, file with the said magistrate an affidavit in reply and unless the applicant or the other party indicated either in the said notice or counter affidavit that he wishes to be heard in the matter, the magistrate concerned shall forward the notice and affidavit or affidavits, as the case may be, together with a certificate of service upon the other party, to the Circuit Justice who may grant or refuse the application upon the facts set out in the said affidavit or affidavits.

(3) Where either the applicant or the objector states that he wishes to be heard in the matter then the notice, affidavit or affidavits and certificate shall be sent by the magistrate to the Circuit Justice who shall set a date for such hearing as early as may be convenient.

Schedule.

Extension of time when case heard in New Providence.

Extension of time when case heard in Out Islands.

Schedule.

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SCHEDULE

FORM A (Rule 4)

BAHAMA ISLANDS IN THE SUPREME COURT APPELLATE SIDE 19........

No.......

Petitioner AND

Respondent

NOTICE OF MOTION

TAKE NOTICE that the Court will be moved on the ......... day of ................................ A.D. 19....... at ............. o’clock in the ..................................................... noon or so soon there- after as Counsel can be heard by........................................................................................... of Counsel for the intended Petitioner that etc.

Dated the ............ day of ......................... A.D. 19............

Attorney for the intended Petitioner.

FORM B (Rule 5)

BAHAMA ISLANDS IN THE COURT OF THE CIRCUIT JUSTICE

at.............. Petitioner

AND Respondent

NOTICE

TAKE NOTICE that I/We..........................................the Petitioner(s) above-named am/are applying to the Circuit Justice for leave to extend the time within which the notice of appeal prescribed by section 56 of the Magistrates Act may be served. My/Our reasons therefore are set out in the affidavit annexed hereto.

I/We do/do not wish to be heard on this application. (Signed)...................................... Petitioner

Date ......................................................................................................