534
Enforcing determination after appeal.
[20 & 21 Vict. c. 43 s. 9.]
Issue of warrant of distress or commitment for execution of conviction or order after appeal.
[11 & 12 Vict. c. 43 s. 27.]
*
1st schedule: form 91.
Power to Judge to liberate appellant when in custody.
+
No. 3 of 1890.
MAGISTRATES.
110.-(1) After the decision of the Full Court in relation to any appeal under this Ordinance, the Magistrate shall have authority to enforce any conviction or order which may have been affirmed, amended, or made by such Court as fully and in the same manner as though it were the original decision of the Magistrate.
(2) No action, suit, or proceeding whatsoever shall be commenced or had against the Magistrate for enforcing such conviction or order.
111.-(1) After an appeal has been decided, if the same has been decided in favour of the respondent, any Magistrate may issue his warrant of distress or commitment for the execution of such conviction or order as if no such appeal has been brought.
(2) If, on any such appeal, the Full Court orders either party to pay costs, such order shall direct such costs to be paid to the Registrar to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid, and if the same are not paid within the time so limited, and the party ordered to pay the same is not bound by any recognizance conditioned to pay such costs, the Registrar, on the application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of 25 cents, shall grant to the party so applying a certificate that such costs have not been paid.
(3) On the production of such certificate to any Magistrate, it shall be lawful for him to enforce the payment of such costs by warrant of distress in manner hereinbefore provided for enforcing the payment of costs, and, in default of distress, the Magistrate may commit the party against whom such warrant has issued in manner hereinbefore mentioned for any time not exceeding 3 months, unless the amount of such costs, and all costs and charges of the distress, and also the costs of the commitment, if the Magistrate thinks fit so to order, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
112. Any Judge shall have power to liberate, on such terms and conditions as to recognizances or otherwise as he may think fit, any party or person on whose application a case has been stated, or who has obtained leave to appeal as aforesaid, who is in custody,
*As amended by No. 1 of 1912.
†As amended by No. 51 of 1911 and No. 1 of 1912.
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