A.D. 1890.]
MAGISTRATES.
[No. 3.
715
record of such examination shall be transmitted with the depositions in the case and any certificate in reference thereto.
(4.) The defendant or accused shall not be liable to any punishment for refusing to answer or for answering falsely any questions asked under this section, but the Magistrate shall draw such inference as may seem just from such refusal.
(5.) The answers given by any defendant or accused as aforesaid may be laid before the jury on the trial of such defendant or accused.
(6.) No influence by means of any promise or threat or otherwise shall be used to the defendant or accused to induce him to disclose or withhold any matter within his knowledge.
(7.) No oath shall be administered to the defendant or accused.
PART VI.
APPEALS.
Appeal on Question of Law.
on point of law.
20 & 21 Vict. c. 38, s. 2: 42 & 43 Vict. c. 49 s. 33.
98. Within seven clear days after the hearing and determination by a Magistrate of any complaint, information, charge, or other proceeding which he has power to determine in a summary way by any law now or hereafter to be 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 proceeding 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 to the Magistrate to state and sign a case 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.
99. The appellant shall, within fourteen days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party or parties to the proceeding before the Magistrate, hereinafter referred to as the respondent or respondents.
100. After the delivery of a case to the appellant as aforesaid but before the case has been set down for argument before the Full Court, it shall be lawful for the Magistrate, on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit.
Form No. 85:
Transmission of case to Registrar and notice to respondent.
20 & 21 Vict. c. 43 s. 3.
Amendment of case by Magistrate.
case for argument.
101. When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on 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...
Page 40
Page 41
A.D. 1890.]
MAGISTRATES.
[No. 3.
715
record of such examination shall be transmitted with the depositions in the case and any certificate in reference thereto.
(4.) The defendant or accused shall not be liable to any punishment for refusing to answer or for answering falsely any questions asked under this section, but the Magistrate shall draw such inference as may seem just from such refusal.
(5.) The answers given by any defendant or accused as aforesaid may be laid before the jury on the trial of such defendant or accused.
(6.) No influence by means of any promise or threat or otherwise shall be used to the defendant or accused to induce him to diselose or withhold any matter within his knowledge.
(7.) No oath shall be administered to the defendant or accused.
:
PART VI.
APPEALS.
Appeal on Question of Law.
on point of
law.
20 & 21 1iet.
138, 2: 42 & 43 Viet.
c. 49 s. 33.
98. Within seven clear days after the hearing and determination by Application a Magistrate of any complaint, information, charge, or other proceeding to state case which he has power to determine in a summary way by any law now or hereafter to be in force in the Colony, either party thereto or any person aggrieved thereby who desires to question by way of appeal any convic- tion, order, determination, or other proceeding 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 to the Magistrate to state and sign a case setting First Sele forth the facts and the grounds on which the conviction, order, or deter-le: mination was granted and the grounds on which the proceeding is questi- Ferm No. 88. oned, for the opinion of the Full Court.
99. The appellant shall, within fourteen days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party or parties to the proceeding before the Magistrate, hereinafter referred to as the respondent or respondents.
100. After the delivery of a case to the appellant as aforesaid but before the case has been set down for argument before the Full Court, it shall be lawful for the Magistrate, on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit.
Form No. 85:
Transmission
of case fo Registrar.
and notice to respondent.
20 & 21 Vict. c. 43 s. 3.
Amendment
of case by Magistrate.
case for argument.
101. When the case has been transmitted to the Registrar as afore- Setting down said, it shall be set down for argument on 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: Provid-
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