PUBLIC RECORD OFFICE
Reference
C.O. 882
4 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
One warrant
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Every stipendiary magistrate dismissing any com- plaint or summons may, if he considers that the same is frivolous, condemn the complainant on plaint to a fine not exceeding 21., and if the same be by him judged to be vexatious and malicious, to a fine not exceeding 10, or imprisonment not exceeding one month.
Every stipendiary magistrate who heard the evi- dence in any case brought before him shall not on that account be prevented from trying any prosecu- tion for false evidence arising out of any such case.
266. In every case where several persons shall be may embrace sentenced to imprisonment under the same judgment, several com- their committals may be ordered by the magistrate mittals. through a single warrant, although the grounds of
Imult to
officer of court con- tempt of court,
their committals and the terms of their sentences be different.
267. If any person shall wilfully insult a stipen. magistrate or diary magistrate, or any clerk or officer of the court during his sitting or attendance in court, or in going to or returning from the court, or shall wilfully interrupt the proceedings of the court, or otherwise misbehave in court, it shall be lawful for any officer of the court, with or without the assistance of any other person, by the order of the magistrate, to take Buch offender into custody, and detain him till the rising of the court; and the magistrate shall be empowered, if he shall think fit, by a warrant under his hand, to commit any such offender for a time not exceeding seven days, or to impose upon such offender a fine not exceeding 51. for any such offence, and in default of payment thereof to commit the offender for any time not exceeding seven days, unless the said fine be sooner paid.
Assault of officer of court. Res-
seized.
268. If any officer of a stipendiary court shall be assaulted while in the execution of his duty, or if cue of goods any rescue shall be made, or attempted to be made, of any goods levied under process of the court, the person so offending shall be liable to a fine not exceeding 201., to be recovered by the order of the court; and it shall be lawful for any peace officer in any such case to take the offender into custody (with or without warrant), and bring him before such court accordingly.
Procedure to
269. All procedure of the stipendiary courts shall be summary. be summary, every defendant or accused may answer
orally.
Tariff of
270. No fees shall be charged and received save fees. Power those mentioned in the tariff hereunto annexed, Sche- to Governor dule No. 42, and it shall be lawful for the Governor in Executive Council from time to time to alter the said tariff.
to alter.
Appeal.
271. If any person shall think himself aggrieved by any judgment or order of any stipendiary magis- trate, such person may appeal from any such order or judgment to the Supreme Court of this Colony, provided the sum or penalty adjudged to be paid shall be more than 27. if awarded against a master, or if awarded against a servant more than the amount of one month's wages; or if any sentence of imprison-
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ment shall be for a time exceeding ten days, other- wise such judgment or order shall be final and defi. nitive to all intents and purposes; and every stipen- diary magistrate immediately after pronouncing any order or judgment liable to appeal shall inform the party condemned of his right to appeal, provided also that every such person shall, within five days after such judgment or order shall be made or pro- nounced, from which an appeal is allowed as above, give notice in writing of such intended appeal to the stipendiary magistrate who shall have made or ren- dered such order or judgment; upon which notice such magistrate shall immediately bind the party so giving such notice by recognisance to Her Majesty, her heirs and successors, with sufficient security in: a penal sum of double the amount of the penalty ad- judged or sum awarded, and the condition whereof shall be, that such party giving such notice of appeal shall appear and prosecute such appeal with due diligence to its conclusion before the above-named Supreme Court, and pay such costs as the said court may award on such appeal, such costs in no case to exceed the sum of 51. The party having been so bound by recognizance shall lodge his appeal in the registry of the said Supreme Court, and give to the respondent notice of the said appeal withi three days from the date of the recognizance.
If the appellant shall fail to lodge his appeal in the registry within the prescribed delay, such appeal shall be held to be lapsed, and upon the production of the Registrar's certificate to that effect the judgment order or conviction of the stipendiary court shall be executed as if no notice of appeal had been given.
272. The notice to the respondent in the preceding Reasons of article mentioned shall specify the reasons of appeal, appeal to be and it shall not be lawful, for the Supreme Court to specifled. hear and determine any other reasons of appeal thên those specified in the notice.
273. No sentence, judgment, order, or award of Writ of cer any stipendiary magistrate shall be liable to be tiorari to be removed by writ of certiorari, save and except at the applied for
by the Crown instance of Her Majesty the Queen.
only.
to Registrar
274. Every stipendiary magistrate upon receiving Copy of pro- a notice of appeal and socepting a recognizance shall ceedings to forthwith transmit to the Registrar of the Supreme be forwarded Court duly certified copies of the original of the of Supreme sentence or order appealed against, and of the whole Court on of the evidence given on the hearing of the com- Appeal. plainant to which it refers.
275. On such appeal being entered in the registry Hearing of of the said court, and on the aforesaid proceedings appeal." being thereto transmitted, notice thereof shall be given by the Registrar to the Procureur General,. and without any summons or order to that effect; the cause, if the respondent be a labourer and not appearing by counsel, shall er-officio be set down for hearing between the Ministère Public, and the appal- lant, at the first sitting of the Supreme Court which may take place not later than three days after the Registrar's receiving the aforesaid proceeding, and such appeal shall have a continued priority of audience before all other causes until finally decided.
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