41
(2) If, on any such appeal, the Full Court orders either party to pay costs, such order shall direct such costs to be paid to the Registrar to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid, and if the same are not paid within the time so limited, and the party ordered to pay the same is not bound by any recognizance conditioned to pay such costs, the Registrar on the application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of twenty-five cents, shall grant to the party so applying a certificate that such costs have not been paid.
Schedule.
(3) On the production of such certificate to any magistrate First it shall be lawful for him to enforce the payment of such costs Form by warrant of distress in manner hereinbefore provided for en- No. 90. forcing the payment of costs, and, in default of distress. the magistrate may commit the party against whom such warrant has issued in manner hereinbefore mentioned for any time not exceeding three months, unless the amount of such costs, and all costs and charges of the distress, and also the costs of the commitment, if the magistrate thinks fit so to order (the amount thereof being ascertained and stated in the commit- ment), shall be sooner paid.
of appellant,
116.--(1) Any judge shall have power to admit to bail Treatment any appellant who is in the custody of the Superintendent etc., pending of Prisons, or such judge may order him to be brought up to appeal or the court in custody for the purpose of attending the appeal or any application or proceeding therein.
rehearing.
(2) Every person who has applied in writing to a magis- trate to state and sign a case, or who has applied to a magis- trate for leave to appeal to the Full Court by way of a re-hear- ing, or who has applied to a magistrate to review his decision or adjudication under the provisions of section 99, shall, if he is in the custody of the Superintendent of Prisons, be treated, pending the determination of such application and of the sub- sequent appeal or review, if any, in such manner as may be Ordinance directed by the rules made under the Prisons Ordinance, 1932. 1932, for the case of persons awaiting trial.
No. 38 of
c. 23,
S.
(3) The time during which an appellant, pending the 7 Edw. 7, determination of his appeal, is admitted to bail, and, subject s 14′(3). to any directions which the Full Court may give to the con- trary, the time during which the appellant, if in custody, is treated under this section as if he were a person awaiting trial, shall not count as part of any term of imprisonment under his sentence, and any imprisonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the Full Court, shall, subject to any directions which may be given by the Full Court, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from and including the day on which the appeal is determined, or, if he is not in custody, as from and including the day on which he is received into prison under the sentence.
(4) Sub-sections (1) and (3) shall apply to the case of a person who has applied for a re-hearing under the provisions of section 99, as if he were an appellant, save that references to a judge shall be understood as references to the magistrate by whom the original proceeding was determined, references
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