ORDINANCE No. 4 OF 1858.
Appeals from Justices.
pay, in respect of the said recognisance and case respectively, to the clerk taking the said recognisance and delivering the said case respectively, the Crown fees according to the scale following, that is to say:-
For the said recognisance, two current dollars.
For drawing and copying the case, if not exceeding five folios, of seventy-two words each, three current dollars.
If the case exceed the said five folios, then for every additional folio, thirty cents.
4. If the appellant be in custody at the time of the taking of the said recognisance, the same shall be further conditioned for his appearance before the said Justice, or (if that be unsuitable) before some other Justice, who shall be sitting and exercising the same jurisdiction, within ten days after the judgment shall have been given by the Supreme Court on the said appeal, to abide the said judgment, unless thereby the determination so appealed against shall have been reversed: And every such appellant, upon entering into a recognisance so further conditioned as aforesaid, shall be immediately liberated from such custody.
405
Further condition in case appellant is in custody.
If the Justice refuses, the Court may rule a case to be stated.
5. In case of the refusal of a Justice to state or deliver a case under this Ordinance, the appellant may, upon an affidavit of the facts, apply to the Supreme Court for a rule calling upon the said Justice, and also upon the respondent, to show cause why the said case should not be stated or delivered; which rule (if granted) may afterwards be made absolute or discharged by the said Court, with or without payment of costs by the said Justice or either party, as the circumstances shall require; and if the same be made absolute, the said Justice shall, upon being served therewith, and upon the conditions specified in sections 3 and 4 respectively being complied with, state and deliver a case accordingly.
Costs.
Cases to be transmitted, &c., within three days and set down four clear days before
6. Within three clear days after a case has been delivered to an appellant under this Ordinance, he shall first transmit a copy thereof with a notice in writing of his appeal to the respondent, and shall thereupon transmit the said case to the Supreme Court, and the case when so transmitted shall be set down for argument in Court or in Chambers, by the Registrar of the said Court, at the request of either party, four clear days before the day appointed for the said argument; yet so as that notice in writing of the same having been so set down be given by the
ORDINANCE No. 4 oF 1858.
Appeals from Justices.
pay, in respect of the said recognisance and case respectively, to the clerk taking the said recognisance and delivering the said case respectively, the Crown fees according to the scale following, that is to say:-
For the said recognisance, two current dollars.
For drawing and copying the case, if not exceeding five folios,
of seventy-two words each, three current dollars.
If the case exceed the said five folios, then for every additional
folio, tarty cents.
4. If the appellant be in custody at the time of the taking of the said recognisance, the same shall be further conditioned for his appear- ance before the said Justice, or (if that be unsuitable) before some other Justice, who shall be sitting and exercising the same jurisdiction, with- in ten days after the judgment shall have been given by the Supreme Court on the said appeal, to abide the said judgment, unless thereby the determination so appealed against shall have been reversed: And every such appellant, upon entering into a recognisance so further conditioned as aforesaid, shall be immediately liberated from such custody.
405
Further con dition in case appellant is in custody.
If the Justice refuses, the
Court may rule a case to be stated.
5. In case of the refusal of a Justice to state or deliver a case under this Ordinance, the appellant may, upon an affidavit of the facts, apply Supreme to the Supreme Court for a rule calling upon the said Justice, and also upon the respondent, to show cause why the said case should not be stated or delivered; which rule (if granted) may afterwards be made absolute or discharged by the said Court, with or without payment of costs by the said Justice or either party, as the circumstances shall re- quire; and if the same be made absolute, the said Justice shall, upon being served therewith, and upon the conditions specified in sections 3 and 4 respectively being complied with, state and deliver a case accord- ingly.
Costs.
Cases to be transmitted, &c., within three days and set down four clear days before
6. Within three clear days after a case has been delivered to an appellant under this Ordinance, he shall first transmit a copy thereof with a notice in writing of his appeal to the respondent, and shall there- upon transmit the said case to the Supreme Court, and the case when so transmitted shall be set down for argument in Court or in Chambers, by argument. the Registrar of the said Court, at the request of either party, four clear days before the day appointed for the said argument; yet so as that. notice in writing of the same having been so set down be given by the
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