490
No. 3 of 1890.
MAGISTRATES.
aggrieved thereby who desires to question any conviction, order, determination, or other proceeding as aforesaid on the ground that it is erroneous in point of fact may apply to the magistrate for leave to appeal to the Full Court by way of a re-hearing, and, if such leave is granted the magistrates' clerk shall, subject to the provisions of section 106, deliver to the appellant a certificate to that effect, and shall forward the Form No. 86. original depositions in the case to the Registrar, or, if the party or person desiring to appeal consents thereto, the magistrate may order the case to be re-heard before him.
First Schedule.
Filing of
Full Court.
104. Within ten days after the receipt of such certificate, motion in the the appellant shall file the same with the Registrar, together with a motion for a re-hearing before the Full Court, setting forth shortly the grounds therefor, and such motion shall be served on the respondent, and the Full Court, on the hearing thereof, may dismiss the appeal, with or without costs, or may grant a re-hearing subject to such terms as to costs or otherwise as it may think fit.
Procedure
105. On such re-hearing, unless the Full Court otherwise on re-hearing orders, the case shall be heard and the evidence taken de novo, and the Full Court may, in its discretion, allow fresh evidence to be given on such re-hearing: Provided that in a case where the evidence is taken de novo, if it is proved that a witness who was examined before the magistrate is dead or unable to be present on such re-hearing, the Full Court may, in its discretion, admit the deposition of such witness signed by the magistrate, saving all just exceptions.
Giving of
appellant
and fees.
First
Schedule.
Appeals generally.
106.--(1) Within three weeks from the making of an security by application under section 98, or section 103, the appellant shall enter into a recognizance, before a magistrate, with or without sureties and in such sum as to the magistrate may Form No. 89. seem meet, conditioned to prosecute the appeal without delay and to pay such costs as may be awarded by the Full Court: Provided always that, in the case of an appeal touching any fine, the amount of the recognizance shall not be less than the amount of the fine and a sum to cover costs.
First Schedule.
(2) The appellant, if in custody, may, by order of a magistrate, be brought up for the purpose of entering into the recognizance.
* As amended by Law Am. Ord., 1923.
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