the-ordinances-of-the-legislative-counci-1890v2 — Page 631

MAGISTRATES . ( 10 of 1890. ) 1221

who shall state and deliver a case pursuant to this ordinance or
shall grant leave to appeal shall be liable to any costs in respect
of or by reason of such appealagainst his or their determination.
111. After the decision of the Full Court in relation to any Enforcing
determina
appeal under this ordinance the Magistrate or Magistrates shall tions after
have authority to enforce any conviction or order which may appeal.
[ and
s 921 V.
have been affirmed amended or made by such Court as fully 1.243,00
c
and in the same manner as though it were the original decision ofand1858,
see No:
s. 8.4]
of such Magistrate or Magistrates. And no suit or proceeding
whatsoever shall be commenced or had against the Magistrate
or Magistrates for enforcing such conviction or order.
112. After an appeal against any conviction or order as After appeal
aforesaid shall have been decided, if the same shall have been against
conviction or
decided in favour of the respondents, either Magistrate inay tra
order Magis
te may
issue his warrant of distress or commitinent for the execution fra
issue warrants
of such conviction or order as if no such appeal had been ofdistress for
execution of
brought; and if upon any such appeal, the Full Court shall the sime.
order either party to pay costs, such order shall direct such c[. 1143,& s.1227.V ],
costs to be paid to the Registrar to be by him paid over to the
party entitled to the same, and shall state within what time
such costs shall be paid, and if the same shall not be paid within
the time so limited, and the party ordered to pay the same shall
not be bound by any recognisance conditioned to pay such
costs , the Registrar, upon application of the party entitled to
such costs , or of any person on his behalf, and on payment of a
fee of twenty -five cents, shall grant to the party so applying a
certificate that such costs have not been paid ( xcl.); and upon
production of such certificate to any Magistrate it shall be
lawful for him to enforce the payment of such costs by warrant
of distress in magner liereinbefore provided for the enforcing the
payınent of costs under section 58 , and in default of distress
ihe Magistrate may commit the party against whom such war
rant shall have issued in manner hereinbefore mentioned for any
time not exceeding three calendar months, unless the amount
of such costs , and all costs and charges of the distress, and also
the costs of the commitment, if such Magistrate shall think fit
so to order, (the amount thereof being ascertained and stated
in such commitment), shall be sooner paid .
113. Any Judge of the Court shall have power to liberate Power to
upon such terms and conditions as to recognisances or otherwise appella
liberatent
any party or person, upon whose application a case has been when in
stated or who has obtained leave to appeal as aforesaid and who custody.
is in custody or such Judge may order him to be brought up
to the Court in the custody of a Police officer or constable for
the purpose of attending the appeal and any application or
proceeding thereon .