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Summary procedure

Cap. 182, s. 79 · Revised Edition 2020

(1) Where any application is made under this Act to a magistrate, the magistrate may summon the parties to appear before him at a time and place to be named in the summons and upon the appearance of such parties, or in the absence of any of them, upon proof of the due service of the summons, it shall be lawful for the magistrate to hear and determine the question at issue and the amount of any compensation, and for that purpose to examine such parties or any of them and their witnesses upon oath, and the costs of every such inquiry shall be at his discretion and he shall settle the amount thereof. (2) There shall be a right of appeal to a judge from any decision of the magistrate. (3) The appeal under this section shall be entered within twenty-one days of the date of such decision and, in cases falling under Part III, the decision of the judge shall be final. (4) The Chief Justice may make rules for regulating the practice and procedure to be adopted in any appeal under this section or section 50 of this Act or in determining any claim for contribution under section 21 of this Act, and for prescribing the forms to be used and the scales of fees and costs to be applied.

Amended by: 17 of 1968; 17 of 1968

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