sec.102DAppeal to Supreme Court from magistrate’s decision

### sec.102D Appeal to Supreme Court from magistrate’s decision A person aggrieved by the decision of a magistrate upon an application made under section 102C to dismiss a private complaint or to refuse the application may appeal from that decision to a judge of the Supreme Court in chambers by way of application made by originating summons. An appeal under subsection (1) — shall be instituted within 28 days after the date when the magistrate’s decision is pronounced; and shall be by way of hearing de novo; and the decision of the judge in such an appeal shall be final. Where an appeal under subsection (1) is instituted the appellant shall be required to give security, in such manner and in such amount as a judge of the Supreme Court may order, that the appellant will pay to the respondent such costs incurred by the respondent on the appeal as the judge who determines the matter of the appeal may order the appellant to pay. If an appellant ordered to give security for costs does not comply with the order within the time specified therein or, if no time is specified, within a reasonable time the judge before whom the appeal is brought shall order that the appeal be struck out. Upon an appeal the judge may order that the order in respect of which the appeal is made be affirmed or reversed and may make such order as to costs as to the judge seems just. Such costs awarded shall constitute a debt due and owing by the person against whom they are awarded to the person to whom they are awarded and may be recovered by action in a court of competent jurisdiction. Save as is prescribed by this section no appeal shall lie in respect of any order made in any proceeding relating to a private complaint pursuant to section 102B or 102C or this section. s 102D prev s 102D ins 1979 No. 2 s 12 om 1979 No. 43 s 2 pres s 102D ins 1979 No. 43 s 3 amd 2010 No. 26 s 83 (sec.102D-ssec.1) A person aggrieved by the decision of a magistrate upon an application made under section 102C to dismiss a private complaint or to refuse the application may appeal from that decision to a judge of the Supreme Court in chambers by way of application made by originating summons. (sec.102D-ssec.2) An appeal under subsection (1) — shall be instituted within 28 days after the date when the magistrate’s decision is pronounced; and shall be by way of hearing de novo; and the decision of the judge in such an appeal shall be final. (sec.102D-ssec.3) Where an appeal under subsection (1) is instituted the appellant shall be required to give security, in such manner and in such amount as a judge of the Supreme Court may order, that the appellant will pay to the respondent such costs incurred by the respondent on the appeal as the judge who determines the matter of the appeal may order the appellant to pay. (sec.102D-ssec.3A) If an appellant ordered to give security for costs does not comply with the order within the time specified therein or, if no time is specified, within a reasonable time the judge before whom the appeal is brought shall order that the appeal be struck out. (sec.102D-ssec.4) Upon an appeal the judge may order that the order in respect of which the appeal is made be affirmed or reversed and may make such order as to costs as to the judge seems just. (sec.102D-ssec.4A) Such costs awarded shall constitute a debt due and owing by the person against whom they are awarded to the person to whom they are awarded and may be recovered by action in a court of competent jurisdiction. (sec.102D-ssec.5) Save as is prescribed by this section no appeal shall lie in respect of any order made in any proceeding relating to a private complaint pursuant to section 102B or 102C or this section. - (a) shall be instituted within 28 days after the date when the magistrate’s decision is pronounced; and - (b) shall be by way of hearing de novo;