THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1235
(4) The appellant shall at the same time, and before he shall be entitled to have the case or certificate delivered to him, pay to the magistrates' clerk or other proper officer, in respect of the said case, certificate and recognizance, the fees following:
1. For the recognizance
$ c.
2.00
2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of
72 words each
3.00
3. Or if the case cxceeds 5 folios, for every
additional folio
0.30
4. For the certificate for leave to appeal
0.50
(5) The appellant, if then in custody, shall be liberated on the recognizance being further conditioned for his sub- mission to the judgment of the Full Court and for his appear- ance before a magistrate within ten days after the judgment of the Full Court has been given, to abide such judgment, unless the conviction, order or determination appealed against is quashed, set aside or reserved.
(6) This section shall not apply where the application is made by or under the direction of the Attorney General.
(7) If default is made in performing any part of the condition of the recognizance it shall be lawful for the Full Court upon motion by the respondent to declare the recogniz- ance estreated, and the appeal shall thereupon for the purposes of section 115 be deemed to have been decided in favour of the respondent.
109.--(1) Any notice or document required to be given, Service sent to or served on the respondent by the appellant shall be and notice. deemed to have been duly given, sent or served if the same shall have been delivered to the solicitor for the time being representing the respondent.
(2) If there be no solicitor representing the respondent and it shall be proved that it was impracticable to give or send to or serve on the respondent any notice or document required by this Ordinance, the Full Court, in court or in cham- bers, may direct that the notice or document be advertised or otherwise published and in any event may proceed as though the said notice or document had been duly given or sent to or served on the respondent.
state case
c. 43, s. 4.
110. If the magistrate is of opinion that the application Refusal to to state or amend a case or for leave to appeal on a question or to grant of fact is merely frivolous, but not otherwise, he may refuse certificate to state or amend a case or to grant a certificate for leave to for leave to appeal. appeal, and shall, on the request of the party or person apply- 20 & 21 Vict. ing therefor, sign and deliver to him a certificate of such re- First fusal, on payment of the sum of fifty cents:
Provided always Schedule. that the magistrate shall not refuse to state a case or to grant a No. 86. certificate for leave to appeal where the application therefor is made to him by or under the direction of the Attorney General.
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