the-ordinances-of-the-legislative-counci-1890v2 — Page 628

1218 [ 10 OF 1890. ] MAGISTRATES .


point of law , or that it is in excess of jurisdiction may apply in
writiny ( Lxxxv. ) to such Magistrate or Magistrates to state
and sign a case ( LXXXVIII . ) setting forth the facts and the
grounds on which the conviction order or determination was
granted and the grounds on which the proceeding is questioned
for the opinion of the Full Court.
Transmission
of case to
100. The appellant shall within fourteen days after the
Court with delivery of the case to him as hereinafter mentioned transmit
notice to
respondent, such case to the Registrar first giving notice in writing of such
[ No. 4 of appeal and sending with it a copy of the case so state and
1858 , s . 6 .
20 and 21 V. signed to the other party or parties to the proceeding before the
c. 43 , s. 3. ] Magistrate hereinafter referred to as the respondent or respond.
ents .
Amendment 101. After the delivery of a case to the appellant as aforesaid
of case by
Magistrate. but before the case has been set down for argument before the
Full Court it shall be lawful for the Magistrate or Magistrates
upon application by either party and upon notice of such appli
cation to the other party previously given to amend the case
stated and signed by him or them in any way he or they may
think fit.
Setting down
case on four
102. When the case has been transmitted to the Registrar
days' notice. as aforesaid it shall be set down for argument upon the request
( No. 4 of
1858, 8. 6. of either party four clear days at least before the day appointed
Rules of for the argument and shall be heard save as hereinafter provided
Hilary term
1853.] by the Full Court provided always that the party setting down
the case for argument shall give to the opposite party four clear
days' notice of the day appointed therefor.
Power of 103. The Full Court shall have power if they think fit to
Full Court
to send back cause the case stated for their opinion to be sent back to the
case for
amendment , Magistrate or Magistrates for amendment and thereupon the
( No. 4 of same shall be amended accordingly and judgment shall be
1858, s. 7. delivered after the same shall have been amended .
20 and 21 V.
c. 43, s. 7.]
APPEALS ON QUESTIONS OF FACT.
Application
for leave to
104. Within seven clear days after the hearing and deterini.
appeal by nation by a Magistrate or by two Magistrates sitting together
way of re of any information, charge, complaint or other proceeding which
hearing.
he or they have power to determine in a summary way by any
law now or hereafter in force in the Colony either party thereto
or any person aggrieved thereby who desires to question a con
viction order determination or other proceeding as aforesaid on
the ground that it is erroneous in point of fact may apply to
the Magistrate or Magistrates who heard the case for leave to
appeal to the Full Court by way of a re-hearing and if such
leave be granted the Magistrate's clerk shall, subject to the pro