532
No. 3 of 1890.
Giving of security by appellant and fees.
1st schedule: form 89.
form 90.
A MAGISTRATES.
re-hearing, the Court may, in its discretion, admit the deposition of such witness signed by the Magistrate, saving all just exceptions.
Appeals generally,
106. (1) Within 3 weeks from the making of an application under section 98 or section 103 the appellant shall enter into a recognizance before a Magistrate, with or without sureties and in such sum as to the Magistrate may seem meet, conditioned to prosecute the 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, 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 not be entitled to have the case or certificate delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.
(4) The appellant shall, 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:—
1 For the recognizance... $2.00
2 For drawing the case and copy thereof for appellant, if not exceeding 5 folios of 72 words each... 3.00
3 Or if the case exceeds 5 folios, for every additional folio. 0.30
4 For the certificate for leave to appeal... 0.50
(5) The appellant, if then in custody, shall be liberated on the recognizance being further conditioned for his submission to the judgment of the Full Court and for his appearance before a Magistrate within 10 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.
(6) This section shall not apply where the application is made by or under the direction of the Attorney General.
* As amended by No. 50 of 1911 and No. 8 of 1912.
532
No. 3 of 1890.
Giving of
security by appellant and fees.
1st schedule: form 89.
form 90.
A
MAGISTRATES.
re-hearing, the Court may, in its discretion, admit the deposition of such witness signed by the Magistrate, saving all just exceptions.
Appeals generally,
106. (1) Within 3 weeks from the making of an application under section 98 or section 103 the appellant shall enter into a recognizance before a Magistrate, with or without sureties and in such sum as to the Magistrate may seem meet, conditioned to prosecute the 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, the amount of the recognizance shall not be less than the amount of the fine and a sun 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 not be entitled to have the case or certificate delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.
(4) The appellant, shall 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 :—
a
A
1 For the recognizance...
$ c. 2.00
sł
fc
2 For drawing the case and copy thereof for appellant, if
not exceeding 5 folios of 72 words each...
3.00
3 Or if the case exceeds 5 folios, for every additional folio. 0.30 4 For the certificate for leave to appeal...
0.50
ar
or
(5) The appellant, if then in custody, shall be liberated on the recognizance being further conditioned for his submission to the judgment of the Full Court and for his appearance before a Magis- trate within 10 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.
(6) This section shall not apply where the application is made by or under the direction of the Attorney General.
* As amended by No. 50 of 1911 and No. 8 of 1912.
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£ 2 9 8 1
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