MAGISTRATES . [ 10 of 1890. ] 1219
visions of section 107 , deliver to the appellant a certificate
( LXXXVI. ) to that effect and shall forward the original deposi
tions in the case to the Registrar or if the party or person
desiring to appeal consents thereto the Magistrate or Magis
trates may order the case to be re -heard before him or them
as the case may be.
105. Within ten days from the receipt of such certificate the Within ten
appellant shull file the same with the Registrar together with a to be filed at
motion for a re-hearing before the Full Court setting forth the Court.
shortly the grounds therefor and such motion shall be served
on the respondent or respondents and the Court upon the hear
ing thereof may dismiss the appeal with or without costs or
may grant a re-hearing subject to such terms as to costs or
otherwise as it may think fit.
106. Upon such re-hearing, unless the Full Court shall Procedure on
otherwise order, the case shall be heard and the evidence re -hearing.
taken de novo and the Full Court may in their discretion allow
fresh evidence to be given on such re -hearing : provided that
in a case where the evidence * taken de novo if it shall be proved
that a witness who was examined before the Magistrate is dead
or unable to be present on such re-hearing the Court may in
its discretion admit the deposition of such witness signed by
the Magistrate saving all just exceptions.
APPEALS GENERALLY.
107. The appellant, before a case shall be stated or a certifi- Security by
cate of leave to appeal be delivered to him , shall enter into a appellant
fees.
and
recognisance ( LXXXIX .) before a Magistrate with or without (No.,4s.s.of3 , 4.
sureties and in such sum as to the Magistrate or Magistrates 20 221 1.c.
shall seem meet conditioned to prosecute such appeal without 43, 9.3.]
delay and to pay such costs as may be awarded by the Full
Court : provided always that in the case of an appeal touching
any fine or penalty the amount of the recognisance shall not
be less than the amount of the fine or penalty and a sum to
cover costs , and the appellant if in custody may by order of a
Magistrate be brought up ( xc. ) for the purpose of entering into
such recognisance. The appellant shall moreover at the same
time and before he shall be entitled to have the case or certifi
cate delivered to him pay to the Magistrate's clerk or other
proper officer in respect of the said case, certificate, and recog
nisance, the fees following ( that is to say ):
For the recognisance, $ 2.00
For drawing case and copy thereof for the appellant,
if not exceeding five folios of 72 words each ,... 3.00
Or if the case exceed five folios for every additional
folio, ..... 0.30
For the certificate for leave to appeal , 0.50