the-ordinances-of-the-legislative-counci-1890v2 — Page 16

606 ( 1 of 1881. ] MACAO EXTRADITION .


Appeals to
Supreme
7. Ordinance 4 of 1858 * as to appeals from the decisions of
Court, Magistrates shall not apply to proceedings under this ordinance ,
( * Repealed .] but the following rules as to appeals shall be observed , that is
to say :
Appeal from
order of 1. If the fugitive desires to appeal to the Supreme Court
committal . against a Magistrate's order of committal and notifies
such desire to the Magistrate at any time before the
expiration of fifteen days from the date of such order ;
or if the Attorney General desires to appeal to the
Appeal from Supreme Court against a Magistrate's order of dis
order of
discharge. charge of a fugitive and notifies such desires to the
Magistrate at any time before the actual discharge of
the fugitive, the Magistrate shall, subject to the
provision in rule 3 hereinafter contained, grant such
Transmission
of depositions ,
appeal and transmit forthwith to the Registrar of the
& c. Supreme Court the depositions and all other docu
ments relating to the case, together with any state
ment in writing which he may think fit to annex in
relation thereto .
Fugitive to 2. If the appeal is by the Attorney General against an
remain in
custody. order of discharge, such order shall be suspended until
the conclusion of the appeal, and the fugitive shall be
detained in custody until further order of the Magis
trate, or of the Supreme Court. 2




Frivolous
appeal by
3. If the appeal is by a fugitive against an order of
fugitive.
committal and the Magistrate has reason to believe
that the appeal is merely frivolous, he may refuse to
grant the same.
Petition for
order of
4. In case the Magistrate refuses to grant an appeal to a
appcal. fugitive on the ground that the same is frivolous ,
the Supreme Court may, if it thinks fit, upon the
fugitive's petition in writing, setting forth the grounds
of appeal, make an order directing the Magistrate to
grant the appeal.
Notices to
Crown
5. The Magistrate shall cause notice of his intention to
Solicitor. discharge a fugitive ( otherwise than in pursuance of
any decision of the Supreme Court), and also of any
appeal by аa fugitive against his committal, to be served
upon the Crown Solicitor, and no fugitive shall be
discharged by a Magistrate ( otherwise than aforesaid ),
unless the Attorney General has had an opportunity
of being licard in opposition thereto , and of giving
notice of appeal.
Proceedings 6. Every appeal under this ordinance may be heard in
on appeal,
vacation and cither in Court or in Chambers, and shall