Article 10 Appeal against order forfeiting cash

Where an appeal against a forfeiture order is made to the county court under section 44 the appellant shall, within thirty days commencing on the day on which the decision of the magistrates' court was made, serve on the other party notice of his appeal in writing in Form 7 and shall within the said period serve a copy of such notice on the clerk of petty sessions.

The notice of appeal to be served on the other party and the copy of the notice to be served on the clerk of petty sessions under paragraph (1) shall be prepared and signed by the appellant or by his solicitor or other duly authorised agent and shall contain his address or that of his solicitor or other duly authorised agent.

The copy of the notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which the notice was served.

As soon as practicable after the clerk of petty sessions has received the notice of appeal, the resident magistrate or justice of the peace from whose order the appeal is to be brought or the clerk of petty sessions shall in Form 8 (“the form of appeal”) set out the terms of the order appealed against and that form shall include a certificate signed by the clerk of petty sessions to the effect that notice of appeal has been given.

As soon as practicable after complying with the above paragraphs the clerk of petty sessions shall—

After the county court has decided an appeal under section 44, the chief clerk for the county court division for which that county court is held shall, within seven days of that decision, certify the decision at the foot of the form of appeal and shall transmit the form of appeal to the clerk of petty sessions, who shall enter the decision in his Order Book.

Any notice of abandonment of an appeal under section 44 shall be in Form 9.