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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

Application to state a case. (No. 4 of 1858, 2. 20 & 21 V. c. 43, . 42 and 43 V.

c. 49, s. 33.)

Transmission

of ease to

Court with.

TAGLIAC Lu

respondent.

(No. 4 of 1858,

6. 6.

20 and 21 V.

c. 43, s. 3.)

Amendment of cake by Magistrade.

Setting down case on four days' notice. (No. 4 of 158, 8. 6.

Rules of Hilary term 1653.)

Power of Full Court

Lo send back case for

andment. (No. 4 of 1858, s. 7.

20 and 21 V. c. 43.7.)

Application

for leave 10

appeal by way of re-hearing.

Wabin ten days motion to be filed at the Court.

edure o71 and wring.

PART VII.

Appeals on questions of law.

99. Within seven clear days after the hearing and de- termination by a Magistrate or by two Magistrates sitting together of any information, charge, complaint or other prosceding which he or they shall bave power to deter- mine in a summary way by any law now or hereafter in force in the Colony either party thereto or any person aggrieved thereby who desires to question by way of appeal any conviction, order, determination or other pro- ceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction may apply in writing (LXXXV.) to such Magistrate or Magis- trates to state and sign a case (LXXXVIII.) setting forth the facts and the grounds on which the conviction order or determination was granted and the grounds on which, the proceeding is questioned for the opinion of the Full Court.

100. The appellant shall within fourteen days after the delivery of the case to him as hereinafter mentioned trans- mit such case to the Registrar first giving notice in writing of such appeal and sending with it a copy of the case so stated and signed to the other party or parties to the pro- ceeding before the Magistrate hereinafter referred to as the respondent or respondents.

101. After the delivery of a case to the appellant as aforesaid but before the case has been set down for argu- inent before the Full Court it shall be lawful for the Magistrate or Magistrates upon application by either party and upon notice of such application to the other party previously given to amend the case stated and signed by him or them in any way he or they may think fit.

102. When the case has been transmitted to the Re- gistrar as aforesaid it shall be set down for argument upon the request of either party four clear days at least before the day appointed for the argument and shall be heard save as hereinafter provided by the Full Court provided always that the party setting down the case for argument shall give to the opposite party four clear days' notice of the day appointed therefor.

103. The Full Court shall have power if they think fit to cause the case stated for their opinion to be sent back to the Magistrate or Magistrates for amendment and there- upon the same shall be amended accordingly and judgment shall be delivered after the same shall have been amended.

Appeals on questions of fact.

104. Within seven clear days after the hearing and de- termination by a Magistrate or by two Magistrates sitting together of any information, charge, complaint or other proceeding which he or they have power to determine in a summary way by any law now or hereafter in force in the Colony either party thereto or any person aggrieved thereby who desires to question a conviction order deter- mination or other proceeding as aforesaid on the ground that it is erroneous in point of fact may apply to the Magistrate or Magistrates who heard the case for leave to appeal to the Full Court by way of a re-hearing and if such leave be granted the Magistrate's clerk shall, subject to the provisions of section 107, deliver to the Appellant a certifi- cate (LXXXVI) to that effect and shall forward the original depositions in the case to the Registrar or if the party or person desiring to appeal consents thereto the Magistrate or Magistrates may order the case to be re-heard before him of them as the case may be.

105. Within ten days from the receipt of such certificate the Appellant shall file the same with the Registrar together with a motion for a re-hearing before the Pull Court set- ting forth shortly the grounds therefor and such motion shall be served on the Respondent or Respondents and the Court upon the hearing thereof may dismiss the appeal with or without costs or may grant a re-hearing subject to such terms us to costs or otherwise as it may think fit.

106. Upon such re-hearing, unless the Full Court shall otherwise order, the case shall be heard and the evidence taken de novo and the Full Court may in their discretion allow fresh evidence to be given on such re-hearing: Pro- vided 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 de- position of such witness sigued by the Magistrate saving all just exceptions.