40
magistrate
or to grant
111-(1) Subject as aforesaid, if the magistrate refuses Compelling to state a case, or neglects to state a case within three weeks to state or from the time when the application therefor was granted, or amend case refuses to amend a case, when stated and delivered, on the certificate. application of either party within the time limited for such 20 & 21 Vict. amendment, or refuses a certificate for leave to appeal, it c. 43, s. 5. shall be lawful for the party aggrieved by such refusal or neglect to apply to the Full Court, by notice of motion served on the magistrate and on the other party, 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 or such leave to appeal granted: and the Full Court may make the same absolute or discharge the same with or without pay- ment of costs by the magistrate or either party, as may seem just.
(2) The magistrate, on being served with such rule ab- solute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.
112. On any appeal under section 105 or on any applica- Depositions tion under section 104 for a case stated to be sent back for admissible on appeal. amendment or on any motion under section 118. the depositions taken before the magistrate, or a certified copy thereof, shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place.
Court to
case stated
113. The Full Court, on the argument of any case stated Power to or on any re-hearing, may reverse or affirm the decision of the the Full magistrate, or may amend or alter such decision by making determine any
order which the magistrate would have had power to make questions on in the matter, or may remit the matter to the magistrate with or on re- the opinion of the Full Court thereon, or may make such hearing. other order in relation to the matter, and make such orders as to costs, as to the Full Court may seem fit: Provided always that no magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination.
20 & 21 Vict. c. 43, s. 6.
114.--(1) After the decision of the Full Court in relation Enforcing to any appeal under this Ordinance, the magistrate shall have determination
after appeal. authority to enforce any conviction or order which have
may
20 & 21 Vict. been affirmed, amended or made by such court as fully and c. 43, s. 9. in the same manner as though it were the original decision of the magistrate.
(2) No action, suit or proceeding whatsoever shall be commenced or had against the magistrate for enforcing such conviction or order.
115.-(1) After an appeal has been decided, if the same Issue of has been decided in favour of the respondent, any magistrate warrant of may issue his warrant of distress or commitment for the commitment execution of such conviction or order as if no such appeal of conviction had been brought.
for execution
or order after appeal. 11 & 12 Vict. c. 43, s. 27.
Page 260Page 261