MAGISTRATES.
No. 3 of 1890.
533
ion 0s. + on .to ad to by. se :0 er state case or leave to [20 & 21 Vict. c. 43 s. 4.] 1st schedule:
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 frivolous, 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 of the sum of 50 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.
form 87.
* to state or. or to grant
108.-(1) Subject as aforesaid, if the Magistrate refuses to state a case, or neglects to state a case within 3 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.
(2) The Magistrate, on being served with such rule absolute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.
to determine case or re- c. 43 s. 6.]
109. The Full Court, on the argument of any case stated or on any re-hearing, may reverse or affirm the decision of the Magistrate, or may amend or alter such decision by making any order which the Magistrate would have had power to make in the matter, or may remit the matter to the Magistrate 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: Provided always that no Magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination.
* As amended by No. of 1912.
1
MAGISTRATES.
No. 3 of 1890.
533
ion
0s.
+
on
.to
ad
to
by.
se
:0
er
state case or
leave to
[20 & 21 Vict. c. 43 s. 4.] 1st schedule:
107. If the Magistrate is of opinion that the application to state Refusal to or amend a case or for leave to appeal on a question of fact is merely to grant frivolous, but not otherwise, he may refuse to state or amend a case certificate for or to grant a certificate for leave to appeal, and shall, on the request appeal. of the party or person applying therefor, sign and deliver to him a certificate of such refusal, on payment of the sum of 50 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.
form 87.
*
to state or.
or to grant
108.-(1) Subject as aforesaid, if the Magistrate refuses to state Compelling a case, or neglects to state a case within 3 weeks from the time Magistrate when the application therefor was granted, or refuses to amend a amend case case, when stated and delivered, on the application of either party certificate. within the time limited for such amendment, or refuses a certificate [ib. s. 5.].. 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.
(2) The Magistrate, on being served with such rule absolute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.
to determine
case or re-
c. 43 s. 6.]
109. The Full Court, on the argument of any case stated or on Power to the any re-hearing, may reverse or affirm the decision of the Magistrate, Full Court or may amend or alter such decision by making any order which the questions on Magistrate would have had power to make in the matter, or may hearing- remit the matter to the Magistrate with the opinion of the Court [20 & 21 Vict. 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: Provided always that no Magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination.
* As amended by No.
of 1912.
1
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