Time in sum- mary cases.

Form of application.

Time for statement.

Copy of application.

Security.

Discharge from custody.

Copy of case to prosecutor.

Observance

of procedure

of Superior

74

amount of costs and charges therein mentioned (if any), to the person in whose custody he is, who shall thereupon discharge him if he is in custody for no other matter.

XIV. APPEAL TO SUPREME COURT IN CRIMINAL CASES. 332. The application for a special case, on a summary conviction, shall be made within 48 hours after the sentence.

333. The application for a special case shall state shortly the grounds on which the appellant considers the conviction erroneous in point of law, and may contain any argument in support of the appeal, or may include an application that time be allowed for the filing of such an argument, which may be allowed accordingly.

334. The special case, when granted, shall be stated within ten days after application for the same, or after expiration of the time allowed for filing such argument.

335. A copy of the appellant's application for a special case, and of any argument filed by him in support thereof, shall be annexed to the special case.

336. The appellant shall give security to the satisfaction of the Court, by recognizance deposit or otherwise, to prosecute the appeal without delay, and to submit to the judgment of the Supreme Court and to pay any costs awarded against him.

337. The appellant, if in custody, shall be liberated on his further giving security to the satisfaction of the Court, by re- cognizance deposit or otherwise, to appear and receive judg ment at an appointed time and place unless the conviction is set aside by the Supreme Court.

338. The prosecutor shall be entitled, on payment of the proper fees, to have a copy of any special case or other docu- ments sent to the Supreme Court on any appeal in a criminal

case.

XV.-GENERAL PROVISIONS (CIVIL AND CRIMINAL MATTERS).

339. In all matters not in these Rules expressly provided for, the procedure of the Superior Courts and of Justices of the Peace Courts, &c. in in England in like cases shall, as far as possible, be followed, England. sare that with respect to matters arising under the Admiralty or other special jurisdiction, the procedure of the Courts having such jurisdiction in England shall, as far as possible, be followed. 340. Notices, summonses, warrants, decrees, orders, and other documents issuing from the Court shall be sealed with the seal of the Court.

Scaling of notices, &c.

75

341. In those Rules the words "oath" and "affidavit," and Interpretation. words referring thereto, or to swearing, include affirmation and declaration and refer thereto, or to the making of an affirmation

or declaration, where an affirmation or declaration is admissible in lieu of an oath or affidavit.

Terms used in these Rules have the same meanings as in the Order in Council under which these Rules are framed.

342. The Forms appended to these Rules may be used with Forms.

such variations as the circumstances of each case require.

343. The Fees specified in the List appended to these Rules Fees. shall be paid.

The Court may however remit any such fee, wholly or in part,

if it thinks fit.

344. These Rules shall commence and have effect at the same Commence- time as the Order in Council under which they are framed.

(Signed) EDMUND HORNBY,

Approved:

(Signed)

Judge.

RUSSELL.

ment.

136

Share This Page