70
CAP. 2271
Refusal to state or amend a case
Magistrates
[1988 Ed.
111. If the magistrate is of opinion that the application to state a case is merely frivolous, but not otherwise, he may refuse to state 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 $2: (See Form 96)
Provided 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.
(Replaced, 24 of 1949, s. 39. Amended, 41 of 1956, s. 3) [cf. U.K. 1857 c. 43, s. 4]
Compelling magistrate to state or amend a case
112. Where a magistrate refuses to state a case or amend the case stated, the judge may, on the application of the person who applied for a case to be stated or the case stated to be amended, make an order of mandamus requiring the magistrate to state a case or amend the case stated.
(Replaced, 2 of 1955, s. 6. Amended, 92 of 1975, s. 58) [cf. U.K. 1952 c. 55, s. 87(6)]
Alternative procedure
Right of appeal from magistrate in any matter
113. (1) Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connection with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, in manner hereinafter provided to a judge. [cf. U.K. 1914 c. 58, s. 37(1)]
(2) Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge against his sentence unless the sentence is one fixed by law. [cf. U.K. 1925 c. 86, s. 25]
(3) After the hearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connection with an offence either party thereto may appeal from such order or determination of such magistrate to a judge.
(Replaced, 24 of 1949, s. 39. Amended, 92 of 1975, s. 58)
Procedure for appeals under section 113 prior to entry of appeal
114. Where a person is authorized by section 113 to appeal to a judge, the following provisions shall apply
(a) the appellant shall, within 14 days after the day of his conviction or the order or determination by the magistrate or within such extended time as may be ordered upon application made in accordance with section 114A, give to the magistrates' clerk notice in writing of his appeal, stating the general grounds of his appeal, and signed by him or his agent on his behalf, and thereupon the magistrates' clerk shall give
70
CAP. 2271
Refusal to state or amend a case
Magistrates
[1988 Ed.
111. If the magistrate is of opinion that the application to state a case is merely frivolous, but not otherwise, he may refuse to state 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 $2: (See Form 96)
Provided 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.
(Replaced, 24 of 1949, s. 39. Amended, 41 of 1956, s. 3) [cf. U.K. 1857 c. 43, s. 4]
Compelling magistrate to state or amend a case
112. Where a magistrate refuses to state a case or amend the case stated, the judge may, on the application of the person who applied for a case to be stated or the case stated to be amended, make an order of mandamus requiring the magistrate to state a case or amend the case stated.
(Replaced, 2 of 1955, s. 6. Amended, 92 of 1975, s. 58) [cf. U.K. 1952 c. 55, s. 87(6)]
Alternative procedure
Right of appeal from magistrate in any matter
113. (1) Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connection with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, in manner hereinafter provided to a judge. [cf. U.K. 1914 c. 58, s. 37(1)]
(2) Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge against his sentence unless the sentence is one fixed by law. [cf. U.K. 1925 c. 86, s. 25]
(3) After the hearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connection with an offence either party thereto may appeal from such order or determination of such magistrate to a judge.
(Replaced, 24 of 1949, s. 39. Amended, 92 of 1975, s. 58)
Procedure for appeals under section 113 prior to entry
of appeal
114. Where a person is authorized by section 113 to appeal to a judge, the following provisions shall apply
(a) the appellant shall, within 14 days after the day of his conviction or the order or determination by the magistrate or within such extended time as may be ordered upon application made in accordance with section 114A, give to the magistrates' clerk notice in writing of his appeal, stating the general grounds of his appeal, and signed by him or his agent on his behalf, and thereupon the magistrates' clerk shall give
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