42Appeal against decision of Recorder

42 Appeal against decision of Recorder

[Section 42 Amended by 25 Geo. V No. 78 ]

(1)  If any person is dissatisfied with the decision of the Recorder on any application under this Act, such person may appeal therefrom to the Supreme Court by giving to the Recorder, and to any other person who may have appeared before the Recorder on such application, eighteen days' notice in writing of his intention, and within fourteen days after the delivery of such notice, the Recorder shall cause to be forwarded to the Registrar of the Supreme Court all documents lodged in support of the application, together with a copy of his notes of the evidence of any witness who may have been examined with reference to the application, and a statement of the reasons for his decision, and also, if the Recorder think fit, any affidavits setting forth any matters he may desire to bring under the notice of the Court.

(2)  Upon hearing any such appeal the Supreme Court may affirm, vary, or reverse the decision of the Recorder, and may give such directions in the matter as may seem just, and the Court may direct that further evidence be taken in addition to the evidence forwarded by the Recorder, or that notice of the hearing such appeal be given to any person, and may adjourn the hearing of any such appeal to allow of such being done, and the Recorder shall give effect to the order of the Supreme Court upon hearing such appeal.

(3)  The Supreme Court may direct any person who has appeared before the Recorder or the Supreme Court in the matter of such application or appeal to pay the costs of such application or appeal or any part thereof as may seem just.