the-ordinances-of-the-legislative-counci-1890 — Page 442

406 ORDINANCE No. 4 OF 1858 .


Appeals from Justices.


party so requesting, to the opposite party, four clear days before the day
so appointed .

Orders of the 7. The Supreme Court shall hear and determine every question of
Court shall be
-conclusive. law or fact, arising upon a case so set down , and shall ( according to the
circumstances thereof) affirm, amend, or reverse, the determination in
respect whereof the said case shall have been stated , or remit the matter
of such determination with the said Court's opinion thereon to the said
Justice , or make such other order with respect to the said matter, as
shall be requisite to the due adjudication thereof, or remit the said case
to him , with direction to make a new determination , or ( as the case may
be) to amend the same, and to return it to the said Court, within such
time as the said Court may direct, and shall postpone judgment thereon ,
until after the same shall have been so returned, and then shall deliver

judgment thereon accordingly, as to the said Court shall seem meet ;
and the said Court may likewise make all such orders with respect to
Costs. costs , as shall be deemed meet ; save that no Justice, who shall have
stated and delivered a case under this Ordinance, shall be liable to costs.

for or by reason of the same, or of the determination in respect whereof
the same shall have been stated .

Determina 8. The Laws relating to the enforcement by Justices or others, of
tions after
appeal may determinations of Justices not appealed against under this Ordinance,
be enforced.
shall extend to and be applied by Justices or others in the enforcement
of determinations affirmed , or amended , or made under this Ordinance ,
and also to the judgments of said Supreme Court, upon any appeals under
the same ; and all Justices shall be bound to conform themselves in the

premises to the directions, opinions, and judgments of the said Court.

Certiorari or 9. No certiorari, mandamus , or other writ, shall be requisite for
mandamus
not required. carrying into effect this Ordinance.

Forfeited re 10. The Laws for the time being in force with respect to the pro
cognisance.
ceeding upon recognisances forfeited before Justices or at sessions , shall

extend to all recognisances which shall be taken under this Ordinance,
and any of the conditions whereof shall not have been complied with ;
yet so as that, upon every such recognisance there shall be endorsed the

certificate of a Justice, stating in what respect the said conditions have
not been complied with, which certificate shall be deemed to be primâ
facie evidence of the forfeiture of the said recognisance.