the-ordinances-of-the-legislative-counci-1890v2 — Page 630

1220
[ 10 of 1890. ) MAGISTRATES .


And the appellant if then in custody shall be liberated upon
the recognisance being further conditioned for his submission
to the judgment of the Full Court and for his appearance before
a Magistrate within ten days after the judgment of the Full
Court shall have been given, to abide such judgment unless
the conviction order or determinatio n appealed against be
quashed , set aside or reversed .
Refusal to
state a case 108. If the Magistrate or Magistrates be of opinion that the
or to grant application to state or amend a case or for leave to appeal on a
certificate for question of fact is merely frivolous but not otherwise, he or
leave to
appeal .
[ No. 4 of
they may refuse to state or amend a case or to grant a certifi
1858, s. 5 . cate for leave to appeal, and shall on the request of the party
20 and 21 V. or person applying therefor sign and deliver to him a certificate
c. 43 , s. 4. ]
of such refusal ( LXXXVII . ) upon payment for such certificate of
the sum of fifty cents : provided alsvays, that such Magistrate
or Magistrates shall not refuse to state a case or to grant a
certificate for leave to appeal where the application therefor is
made to bim or them by or under the direction of the Attorney
Genera ).
Compelling 109. Subject as aforesaid if the Magistrate or Magistrates
Magistrate to
state or
amend case
shall refuse to state a case or shall neglect to state a case within
or to grant three weeks from the time when the application therefor was
certificate. granted or shall refuse to amend a case when stated and deliv
[ 4 of 1858, s.
5. 20 and 21 . ered upon the application of either party within the time
V.c. 43 , s. 5.) limited for such amendment, or shall refuse a certificate for
leave to appeal it shall be lawful for the party aggrieved by
such refusal to apply to the Full Court by notice of motion
served upon the Magistrate or Magistrates and upon the other
party supported by an affidavit of the facts for aa rule calling
upon such Magistrate or Magistrates to show cause why such
case should not be stated or amended or such leave to appeal
granted ; and the said Court may make the same absolute or
discharge the same with or without payment of costs by the
Magistrate or Magistrates or either party as may seem just;
and the Magistrate or Magistrates upon being served with such
rule absolute shall state a case or amend the case stated or
grant a certificate for leave to appeal accordingly.
Full Court to
determine 110. The Full Court upon the argument of any case stated
questions on or upon any rehearing may reverse or affirm the decision of the
case or re
hearing. Magistrate or Magistrates or may amend or alter such decision
[ No. 4 of
1858 , s. 7 .
by making any order which such Magistrate or Magistrates
20 and 21 V. would have had power to make in the matter or may remit the
c. 43 , s. 6. ] matter to the Magistrate or Magistrates with the opinion of the
Court thereon or may make such other order in relation to the
matter and make such orders as to costs as to the Court may
seem fit : provided always, that no Magistrate or Magistrates