MAGISTRATES.
No. 3 of 1890.
491
(3) The appellant shall not be entitled to have the case or certificate delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.
(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..
2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of 72 words each..
3. Or if the case exceeds 5 folios, for every additional folio...
4. For the certificate for leave to appeal..
.2.00
.3.00
.0.30
.0.50
(5) The appellant, if then in custody, shall be liberated on the recognizance being further conditioned for his submission to the judgment of the Full Court and for his appearance 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 reversed.
(6) This section shall not apply where the application is made by or under the direction of the Attorney General.
107. If the magistrate is of opinion that the application to grant to state or amend a case or for leave to appeal on a question of fact is merely frivolous, but not otherwise, he may refuse to state or amend a case or to grant a certificate for leave to appeal, and shall, on the request of the party or person applying therefor, sign, and deliver to him a certificate of such refusal, on payment of the sum of fifty cents: Provided always that the magistrate shall not refuse to state a case or to grant a certificate for leave to appeal where the application therefor is made to him by or under the direction of the Attorney General.
Schedule.
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