Magistrates.
The magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Full Court and to pay such costs as may be awarded by the judge or Full Court or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient.
[CAP. 227
Form 88.
(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 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 delivered to him, pay to the magistrates' clerk or other proper officer, in respect of the said case and recognizance, the fees following—
1. For the recognizance $5.00
2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of 72 words each 5.00
3. Or if the case exceeds 5 folios, for every additional folio 1.00
(5) This section shall not apply where the application is made by or under the direction of the Attorney General.
[105
state or amend a case.
Vict. c. 43, s. 4.]
Rules.
109. If the magistrate is of opinion that the application to state or amend a case is merely frivolous, but not otherwise, he may refuse to state or amend a case 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 two dollars: Provided always that the magistrate shall not refuse to state a case where the application therefor is made to him by or under the direction of the Attorney General.
[106
Form 85.
24 of 1949, s. 39.
33
289 -
:
Magistrates.
the magistrate may have thought necessary to fix, condi- tioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Full Court and to pay such costs as may be awarded by the judge or Full Court or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magis- trates' clerk, or otherwise, as the magistrate may deem sufficient.
[CAP. 227
Form 88.
(2) The appellant, if in custody, may, by order of a Rules. magistrate, be brought up for the purpose of entering into the recognizance.
(3) The appellant shall not be entitled to have the case 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 delivered to him, pay to the magistrates' clerk or other proper officer, in respect of the said case and recognizance, the fees following—
I.
For the recognizance
$5.00
2.
For drawing the case and copy thereof for appellant, if not exceeding 5 folios of 72 words each
5.00
3.
Or if the case exceeds 5 folios, for every additional folio
1.00
(5) This section shall not apply where the application is made by or under the direction of the Attorney General.
[105
state or
amend
a case.
Vict.
ef. 20 & 21 c. 43, 8. 4.] Rules.
109. If the magistrate is of opinion that the application Refusal to to state or amend a case is merely frivolous, but not other- wise, he may refuse to state or amend a case 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 two dollars: Provided always that the magistrate shall not refuse to state a case where the application therefor is made to him by or under the direc- tion of the Attorney General.
[106
Form 85.
24 of 1949, 8,39.
33
289 -
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