Magistrates.
[CAP. 227
(c) except in the case of whipping, which shall be stayed pending appeal, the appeal shall not operate as a stay of execution, but the magistrate or a judge may on motion stay execution or sentence pending the appeal on such terms as to security for the payment of any money or the suffering of any punishment ordered by or in such conviction or sentence as to the magistrate or judge shall seem necessary: Provided that if the appellant is in prison, no such security shall be required, and on such stay as aforesaid the appellant shall be treated, pending the determination of his appeal,
35 of 1959
in such manner as may be directed by the Prison Rules. (Cap. 234, Rules for the case of persons awaiting trial;
Vict.
c. 43, s. 6 and 36 & 37 Vict.
(d) the judge may reserve the appeal, or any point in the appeal for the consideration of the Full Court, or may direct the appeal, or point in the appeal, to be argued before the Full Court; and the Full Court shall have power to hear and determine any such appeal or point so reserved or so directed to be argued and may in connexion therewith exercise all or any of the powers conferred on a judge of the court by this Part or may remit the matter to the judge with the opinion or decision of the Full Court and may also make any such other order in relation to the matter and such orders as to costs as to the Full Court shall seem fit;
[cf. 20 & 21 c. 66, s. 46.]
(e) the powers and duties of a judge shall be exercised and performed by the Chief Justice or by such one of the judges of the court as the Chief Justice shall from time to time appoint;
(f) if any step in or in connexion with any appeal or intended appeal is rendered impossible by the death, absence or incapacity of a magistrate, a judge of the court upon motion shall have power for good cause to order that the case be heard de novo by a magistrate and the case shall be so heard accordingly.
(2) Either party to any appeal under section 103 or 111 may be heard in person or by any barrister and in any appeal under subsections (1) and (2) of section 111,
295
5.3