MAGISTRATES.
No. 3 of 1890.
493
warrant of
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.
Issue of distress or commitment for execution of conviction or order after appeal.
11 & 12 Vict. c. 43, s. 27.
(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 twenty-five cents, shall grant to the party so applying a certificate that such costs have not been paid.
Schedule.
(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 three 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.
judge to custody.
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, or such judge may order him to be brought up to the court in the custody of a police officer for the purpose of attending the appeal and any application or proceeding thereon.
absence or illness of one of the judges.
113. Notwithstanding the provisions of section 5 of the Full Court Ordinance, 1912, in the absence or illness of one of the judges the powers of the Full Court contained in this Part may be exercised by one judge, if he thinks fit.
* As amended by Law Am. Ord., 1923.
Ordinance No.27 of 1912.
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