574
No. 3 of 1890.
MAGISTRATES.
of law [or as the case may be], I hereby, pursuant to section 98 of the Magistrates Ordinance, 1890, make application to you to state and sign a case setting forth the facts and ground of such your determination, in order that I may appeal therefrom to the Full Court.
Dated this
day of
19
(Signed.)
A.B.
FORM No. 86.
[s. 103.]
IN THE POLICE COURT AT HONGKONG.
Magistrate's Certificate for Leave to Appeal by way of Re-hearing.
Whereas on the complaint preferred by A.B. against C.D., of
was
the
day of
19
an information for (hereinafter called the defendant) for that he [etc., as in the information, complaint, or summons] heard and determined by me, the undersigned, a Magistrate of the said Colony, and the defendant was duly convicted of the said offence and was adjudged [or the defendant was ordered to pay the said A.B., the sum of here state the adjudication of fine, sum, or imprisonment and costs as in a conviction or order, or, if dismissed: and thereupon the said information [or complaint] was dismissed, [and the said A.B. was ordered to pay to the defendant the sum of for his costs incurred by him in his defence in that behalf] [conclude as in the order of dismissal; and whereas the defendant [or A.B.], being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of fact, has applied to me, pursuant to section 103 of the Magistrates Ordinance, 1890, for leave to appeal to the Full Court by way of re-hearing: Now I do hereby certify that I have granted such leave accordingly.
Dated this
day of
19
(Signed.)
Magistrate.
FORM No. 87.
[s. 107.]
Magistrate's Certificate of Refusal to state or amend Case or to grant Leave to Appeal.
IN THE POLICE COURT AT HONGKONG.
[Commence as in the last Form down to the end of the first recital and then continue as follows:]
and whereas the defendant [or A.B.], being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 98 [or section 103] of the Magistrates Ordinance, 1890, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas on the day of 19 I stated and signed a case accordingly, but the defendant [or A.B.], is dissatisfied with the way in which I have so stated such case and has, pursuant to section 100 of the said Ordinance, duly applied to me to amend the same by here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case for to grant such leave to appeal or now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly [or that I have refused to grant such leave to appeal or to amend such case].
Dated this
day of
19
(Signed.)
Magistrate.
by me
of fine
[Or dismissed the said [conclude
2. A hearing by such of the
a case
order* recogniz
[If the
and the
of the request Court
3. N
in obed' said Or parties]
4. UF the Res
and of t
5. [Si
admitted
regular,
properly
6. It
7. It
Appellant
8. For between them, viz:
9. [If ing parag [a document liberty to so far as
Page 90
Page 91
574
No. 3 of 1890.
MAGISTRATES.
of law [or as the case may be], I hereby, pursuant to section 98 of the Magistrates Ordinance, 1890, make application to you to state and sign a case setting forth the facts and ground of such your determination, in order that I may appeal therefrom to the Full Court.
Dated this
day of
19
>
(Signed.)
A.B.
FORM No. 86.
[s. 103.]
BE
HONGKONG.
Magistrate's Certificate for Leave to Appeal by way of Re-hearing. IN THE POLICE COURT AT
day of
Whereas on the complaint perferred by A.B. against C.D., of
was
Th
unde:
Court
1.
19
2
an information for (hereinafter called
called
may
be] c was 1
and u and i
the defendant) for that he [etc., as in the information, complaint, or summons] heard and determined by me, the undersigned, a Magistrate of the said Colony, and the defendant was duly convicted of the said offence and was adjudged [or the defendant was ordered to pay the said A.B., the sum of
here state the adjudication of fine, sum, or imprisonment and costs as in a conviction or order, or, if dismissed: and thereupon the said information [or complaint] was dismissed, [and the said A.B. was ordered to pay to the defendant the sum of for his costs incurred by him in his defence in that behalf] [conclude as in the order of dismissal; and whereas the defendant [or A.B.], being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of fact, has applied to me, pursuant to section 103 of the Magistrates Ordinance, 1890, for leave to appeal to the Full Court by way of re-hearing: Now I do hereby certify that I have granted such leave accordingly.
Dated this
[L.8.]
1
day of
19
>
(Sigued.)
FORM No. 87.
Magistrate.
[s. 107.]
Magistrate's Certificate of Refusal to state or amend Case or to grant
HONGKONG.
Leave to Appeal.
IN THE POLICE COURT AT
[Commence as in the last Form down to the end of the first recital and then continue as follows:]
the
>
and whereas the defendant [or 4.B.,] being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 98 [or section 103] of the Magistrates Ordi- nance, 1890, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas on
day of
19 I stated and signed a case accordingly, but the defendant [or A.B.], is dissatisfied with the way in which I have so stated such case and has, pursuant to section 100 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case for to grant such leave to appeal or now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly [or that I have refused to grant such leave to appeal or to amend such case].
Dated this
[L.S.]
day of
19
(Signed.)
Magistrate.
by me
of fini
[O dismis the gi [conol
2. A hearin by suc of th
a cas
order*i recogni [If t
and the
of the request Court 1
3. N
in obed' said Or parties]
4. UF the Res
and of t
5. [Si
admitted
regular,
properly
6. It
7. It Appellan 8. For between them, vi:
9. [If ing parag [a docum liberty to 50 far as
Page 90Page 91
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