the-ordinances-of-the-legislative-counci-1890 — Page 441

ORDINANCE No. 4 oF 1858 . 405


Appeals from Justices.


pay, in respect of the said recognisance and case respectively, to the clerk
taking the said recognisance and delivering the said case respectively,
-:
the Crown fees according to the scale following , that is to say :

For the said recognisance, two current dollars .

For drawing and copying the case, if not exceeding five folios ,
of seventy-two words each, three current dollars.

If the case exceed the said five folios , then for every additional
folio, thirty cents.

4. If the appellant be in custody at the time of the taking of the Further con
dition in case
said recognisance, the same shall be further conditioned for his appear appellant is
in custody.
ance before the said Justice, or ( if that be unsuitable ) before some other
Justice , who shall be sitting and exercising the same jurisdiction , with

in ten days after the judgment shall have been given by the Supreme
Court on the said appeal, to abide the said judgment, unless thereby the
determination so appealed against shall have been reversed : And every
such appellant, upon entering into a recognisance so further conditioned

as aforesaid , shall be immediately liberated from such custody .

5. In case of the refusal of a Justice to state or deliver a case under If the Justice
refuses. the
this Ordinance, the appellant may, upon an affidavit of the facts, apply Supreme
Court may
to the Supreme Court for a rule calling upon the said Justice , and also rule a case to
be stated .
upon the respondent, to show cause why the said case should not be

stated or delivered ; which rule ( if granted ) may afterwards be made
absolute or discharged by the said Court, with or without payment of Costs.

costs by the said Justice or either party, as the circumstances shall re
quire; and if the same be made absolute, the said Justice shall , upon
being served therewith, and upon the conditions specified in sections 3
and 4 respectively being complied with, state and deliver a case accord
ingly.

6. Within three clear days after a case has been delivered to an Cases to be
transmitted ,
appellant under this Ordinance, he shall first transmit a copy thereof &c. , within
three days ;
with a notice in writing of his appeal to the respondent, and shall there and set down
four clear
upon transmit the said case to the Supreme Court, and the case when so
days before
transmitted shall be set down for argument in Court or in Chambers , by argument.

the Registrar of the said Court, at the request of either party, four clear
days before the day appointed for the said argument ; yet so as that
notice in writing of the same having been so set down be given by the