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Statutes — interpretation — time — calculation of — Magistrates Court (Civil) Rules — time within which to file plea — calculation of period within which such step must be taken
Section 33(2) of the Interpretation Act [Chapter 1:01] provides that where a period of time is to begin on or to be reckoned from a particular day, that day is not to be included in the period. This is a clear indication of the intention of the legislature that portions of a day should not be taken into account in calculating periods specified in legislation, unless a contrary intention is clearly expressed in the particular legislation. There is no such indication in relation to the provisions of the Magistrate Court (Civil) Rules 1980. For example, Order 16 r 1(1) provides that the defendant must file a plea within seven days after the appearance to defend. In calculating the seven-day period, the day on which the appearance is made must be ignored and the seven days is reckoned from the following day, as long as that is not a Saturday, Sunday or public holiday.
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