Appeals from Magistrates (Procedure) Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1955/1955-0147/AppealsfromMagistratesProcedureRules_1.pdf
Published: 1955-09-22

Appeals from Magistrates Procedure Rules
MAGISTRATES [CH.54 – 5





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

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.

MAGISTRATES [CH.54 – 7





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

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
......................................................................................................
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