CAP. 227]
Compelling magistrate to state or amend a case. [cf. 20 & 21 Vict.
c. 43, s. 5.]
Magistrates.
110. (1) Subject as aforesaid, if the magistrate refuses to state a case, or neglects to state a case within three weeks from the time when the application therefor was made, or refuses to amend a case, when stated and delivered, on the application of either party within the time limited for such amendment, it shall be lawful for the party aggrieved by such refusal or neglect to apply to a judge of the court, by notice of motion served on the magistrate and on the respondent, supported by an affidavit of the facts, for a rule calling upon the magistrate to show cause why such case should not be stated or amended; and the judge may make the same absolute or discharge the same with or without payment of costs by the magistrate or either party, as may seem just.
(2) The magistrate, on being served with such rule absolute, shall state a case, or amend the case stated accordingly.
**Alternative procedure.**
111. (1) Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connexion with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, in manner hereinafter provided to a judge of the court.
(2) Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge of the court against his sentence unless the sentence is one fixed by law.
(3) After the hearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connexion with an offence either party thereto may appeal from such order or determination of such magistrate to a judge of the court.
112. Where a person is authorized by section 111 to appeal to a judge, the following provisions shall apply-