1274 [ 10 of 1890.] MAGISTRATES .
forth the facts and ground of such determination in order that he may appeal
to the Suprenie Court (or to grant leave of appeal to the Supreme Court) ;
( and if so and whereas on the day of 18 > I stated and signed
à case accordingly but the defendant (or C.D.) is dissatisfied with the way
in which I have so stated such case and has pursuant to section 101 of the
said ordinance duly applied to me to amend the same by ( here state what
amendment is desired ). Now I being of opinion that the application of the
defendant (or C.D. ) is merely frivolous have refused to state such case (or to
grant such leave to appeal or now I having refused to amend such case) of
which refusal the defendant (or C.D. ) hath requested me to sign and deliver
him a certificate : Now therefore I the said Magistrate pursuant to section
108 of the said ordinance do hereby certify that I am of opinion that the
application of the defendant ( or C.D. ) as aforesaid is merely frivolous and
that I have refused to state a case accordiugly in order that he may appeal
therefrom to the Full Court (or that I have refused to grant leave to appeal
to the Supreme Court or to amend such case) .
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, & c.
FORM LXXXVIII.
Case stated by a Magistrute.- (Sec. 99.)
IN THE SUPREME COURT OF HONGKONG .
Appellate Jurisdiction.
Between A.B., Appellant,
and
C.D., Respondent.
This is a case stated by the undersigned, a Magistrate of the Colony of
Hongkong under " The Magistrates Ordinance, 18 for the purpose of
appeal to the Supreme Court on questions of law which arose before me as
hereinafter stated :
1. At the Police Court at Victoria in this Colony on the day
of an information (or a complaint ), preferred by C.D. (hereinafter
>
called the Respondent) against A.B. (hereinafter called the Appellant) (or
as the case may be) , under section of the (state the ordinance or
statute as the case may be) charging, for that he the Appellant (& c ., stating
the offence or cause of complaint), was heard and determined by me, the said
parties respectively being then present; and upon such hearing the Appellant
was duly convicted before me of the said offence, and it was adjudged that
he should pay (or, and upon such hearing the Appellant was by me ordered
to pay ) the Respondent the sum of I ( here state the adjudication of
fine, sum or imprisonment and costs as in a conviction, or an order ).
( Or, if dismissed : and upon such hearing the said information or
complaint) wasto dismissed
ordered to pay by me,
the Respondent theand,
sum [if
of so] for
, the Appellant was
his costs incurred
by him in his defence in that behalf, conclude as in an Order of
Dismissal ).
2. And whereas the Appellant, being dissatisfied with my determination
upon the hearing of the said information or (complaint ), and alleging himself
to be aggrieved by such determination as being erroneous in point of law