655972-1890-Ordinance-10-of-1890-assented-to — Page 28

THE HONGKONG GOVERNMENT GAZETTE, 12T JULY, 1890.

Appeals Generally,

107. The Appellant, before a case shall be stated or a certificate of leave to appeal be delivered to him, shall enter into a recognisance (LXXXIX.) before a Magistrate with or without sureties and in such sum as to the Magistrate or Magistrates shall seem meet conditioned to prosecuta such appeal without delay and to pay such costs as may be awarded by the Full Court: Provided always that in the case of an appeal touching any fine or penalty the amount of the recognisance shall not be less than the amount of the fine or penalty and a sum to cover costs, and the Ap- pellant if in custody may by order of a Magistrate be brought up (xc.) for the purpose of entering into such re- cognisance. The Appellant shall moreover at the same time and before he shall be entitled to have the case or certificate delivered to him pay to the Magistrate's clerk or other proper officer in respect of the said case, certificate, and recognisance, the fees following (that is to say):

For the recognisance,

For drawing case and copy thereof for the

.$2.00

Appellant, if not exceeding five folios of 72 words each,

Or if the case exceed five folios for every

additional folio,

CHA

3.00

0.80

For the certificate for leave to appeal, 0.50 And the Appellant if then in custody shall be liberated upon the recognisance being further conditioned for his submission to the judgment of the Full Court and for his appearance before a Magistrate within ten days after the judgment of the Full Court shall have been given, to abide such judgment unless the conviction order or determina- tion appealed against be quashed, set aside or reversed.

108. If the Magistrate or Magistrates be of opinion that the application to state or amend a case or for leave to appeal on a question of fact is merely frivolous but not otherwise, he or they may refuse to state or amend a case or to grant a certificate for leave to appeal, and shall on the request of the party or person applying therefor sign and deliver to him a certificate of such refusal (LXXXVII.) upon payment for such certificate of the sum of fifty cents: Provided always, that such Magistrate or Magistrates shall not refuse to state a case or to grant a certificate for leave to appeal where the application therefor is made to him or them by or under the direction of the Attorney General. 109. Subject as aforesaid if the Magistrate or Magis- trates shall refuse to state a case or shall neglect to state a case within three weeks from the time when the ap- plication therefor was granted or shall refuse to amend a case when stated and delivered upon the application of either party within the time limited for such amendment, or shall refuse a certificate for leave to appeal it shall be lawful for the party aggrieved by such refusal to apply to the Full Court by notice of motion served upon the Magis- .trate or Magistrates and upon the other party supported by an affidavit of the facts for a rule calling upon such Magistrate or Magistrates to show cause why such case should not be stated or amended or such leave to appeal granted; and the said Court may make the same absolute or discharge the same with or without payment of costs by the Magis- trate or Magistrates or either party as may seem just; and the Magistrate or Magistrates upon being served with such rule absolute shall state a case or amend the case stated or grant a certificate for leave to appeal accordingly.

110. The Full Court upon the argument of any case stated or upon any rehearing may reverse or affirm the decision of the Magistrate or Magistrates or may amend or alter such decision by making any order which such Magis- trate or Magistrates would have had power to make in the matter or may remit the matter to the Magistrate or Ma- gistrates with the opinion of the Court thereon or may make such other order in relation to the matter and make such orders as to costs as to the Court may seem fit: Pro- vided always, that no Magistrate or Magistrates who shall state and deliver a case pursuant to this Ordinance or shall grant leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his or their deter- mination.

111. After the decision of the Full Court in relation to any appeal under this Ordinance the Magistrate or Magis- trates shall have authority to enforce any conviction or order which may have been affirmed amended or made by such Court as fully and in the same manner as though

Security hy Appelling and foes.

(No. 4 of 1859 8.5.3, 4. 20 & 21 V.

c. 43, R. 3.)

Refusal to state a case

or to grant certificate for leave to Appeal.

(No. 4 of 1858,

8. 5.

20 and 21 V.

c. 43, H. 4.)

Compelltag Magistrate to state or nnel se or to grant certificate.

(4 of 1858 s. 5. 20 and 21 V. c. 13 s. 5.)

T'ull Court to determine questions on

case or

re-hearinr. (No. 4 of 1858,

R. 7.

20 and 21 V c. 43, B. 8.)

Enforcing determina- tior after appeal (and 21 V. c. 43, s. 9. and seo No. 4 of 1859, ..)

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