A.D. 1890.]
MAGISTRATES.
[No. 3.
717
delay and to pay such costs as may be awarded by the Full Court: Pro-vided always that, in the case of an appeal touching any fine, the amount of the recognizance shall not be less than the amount of the fine and a sum to cover costs.
(2.) The appellant, if in custody, may, by order of a Magistrate, be brought up for the purpose of entering into the recognizance.
(3.) 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 recognizance, the fees following; that is to say,
Form No. 90.
1. For the recognizance .............................. 2.00
2. For drawing the case and copy thereof for the appellant, if not exceeding five folios of 72 words each .............................. 3.00
3. Or if the case exceeds five folios, for every additional folio 0.30
4. For the certificate for leave to appeal ...................... 0.50
(4.) The appellant, if then in custody, shall be liberated on the recog-nizance 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 has been given, to abide such judgment, unless the conviction, order, or determination appealed against is quashed, set aside, or reversed.
Refusal to state case or certificate for leave to appeal.
20 & 21 Vict. c. 43 s. 4. First Schedule: Form No. 87.
107. If the Magistrate is of opinion that the application to state or amend a case or for leave to appeal on a question of fact is merely friv-olous, but not otherwise, he 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, on payment for such certificate of the sum of fifty cents: Provided always that the Magistrate shall not refuse to state a case or to grant a certificate for leave to appeal where the application therefor is made to him by or under the direction of the Attorney General.
108.—(1.) Subject as aforesaid, if the Magistrate refuses to state a case, or neglects to state a case within three weeks from the time when the application therefor was granted, or refuses to amend a case, when stated and delivered, on the application of either party within the time limited for such amendment, or refuses a certificate for leave to appeal, it shall be lawful for the party aggrieved by such refusal or neglect to apply to the Full Court, by notice of motion served on the Magistrate and on the other party, supported by an affidavit of the facts, for a rule calling upon the Magistrate to show cause why such case should not be stated or amended or such leave to appeal granted; and the Full Court may make the same absolute or discharge the same, with or without payment of costs by the Magistrate or either party, as may seem just.
Compelling Magistrate to state or amend case and certificate.
A.D. 1890.]
MAGISTRATES.
[No. 3.
717
delay and to pay such costs as may be awarded by the Full Court: Pro- vided always that, in the case of an appeal touching any fine, the amount of the recognizance shall not be less than the amount of the fine and a
sum to cover costs.
(2.) The appellant, if in custody, may, by order of a Magistrate, be brought up for the purpose of entering into the recognizance.
(3.) 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 recognizance, the fees following; that is to say,
Form No. 90.
c.
.1 For the recognizance
2.00
2. For drawing the case and copy thereof for the appellant, if
not exceeding five folios of 72 words each...
3.00
0.50
3. Or if the case exceeds five folios, for every additional folio 0.30 4. For the certificate for leave to appeal...................... (4.) The appellant, if then in custody, shall be liberated on the recog- nizance 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 has been given, to abide such judgment, unless the conviction, order, or determination appealed against is quashed, set aside, or reversed.
Refusal to state case or certificate for
to grant
leave to appeal. 20 & 21 Vict. First Sche-
c. 43 s. 4.
dule:
Form No. 87.
107. If the Magistrate is of opinion that the application to state or amend a case or for leave to appeal on a question of fact is merely friv- olous, but not otherwise, he 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, on payment for such certificate of the sum of fifty cents: Provided always that the Magistrate shall not refuse to state a case or to grant a certificate'for leave to appeal where the application therefor is made to him by or under the direction of the Attorney General.
108.—(1.) Subject as aforesaid, if the Magistrate refuses to state a Compelling case, or neglects to state a case within three weeks from the time when Magistrate to the application therefor was granted, or refuses to amend a case, when amend case stated and delivered, on the application of either party within the time certificate. limited for such amendment, or refuses a certificate for leave to appeal, 1. s. 5. it shall be lawful for the party aggrieved by such refusal or neglect to apply to the Full Court, by notice of motion served on the Magistrate and on the other party, supported by an affidavit of the facts, for a rule. calling upon the Magistrate to show cause why such case should not be stated or amended or such leave to appeal granted; and the Full Court may make the same absolute or discharge the same, with or without payment of costs by the Magistrate or either party, as may seem just.
state or
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