492
Compelling magistrate to state or amend case or to grant certificate.
c. 43, s. 5.
No. 3 of 1890.
MAGISTRATES
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.
Power to the Full Court to determine questions on case stated or re-hearing.
20 & 21 Vict. c. 43, s. 6.
**
Enforcing determination after appeal.
20 & 21 Vict. c. 43, s. 9.
(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.
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 Full Court thereon, or may make such other order in relation to the matter, and make such orders as to costs, as to the Full 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.
110.-(1) After the decision of the Full Court in relation to any appeal under this Ordinance, the magistrate shall have authority to enforce any conviction or order which may have been affirmed, amended, or made by such court as fully and in the same manner as though it were the original decision of the magistrate.
(2) No action, suit, or proceeding whatsoever shall be commenced or had against the magistrate for enforcing such conviction or order.
* As amended by Law Am. Ord., 1923.
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492
Compelling magistrate
to state or amend case
or to grant certificato.
c. 43, s. 5.
No. 3 of 1890.
MAGISTRATES.
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 20 & 21 Vict. 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 ammended 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.
Power to the Full Court
to determine questions on
case stated or re-hearing. 20 & 21 Vict.
c. 43, s. 6.
**
Enforcing determination after appeal. 20 & 21 Vict. c. 43, s. 9.
(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.
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 Full Court thereon, or may make such other order in relation to the matter, and make such orders as to costs, as to the Full 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.
110.-(1) After the decision of the Full Court in relation to any appeal under this Ordinance, the magistrate shall have authority to enforce any conviction or order which may have been affirmed, amended, or made by such court as fully. and in the same manner as though it were the original decision of the magistrate.
(2) No action, suit, or proceeding whatsoever shall be commenced or had against the magistrate for enforcing such conviction or order.
* As amended by Law Am. Ord., 1923.
111
has be
may j execu has be
(2)
party
paid entitle costs
time:
not E costs, to suc
of a
apply
(3)
it sh: costs for e distre such for a of su also t
fit sc
state
11
term:
he m
a cas
as af
him
office
tion
11
Full
of th Part
}
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