the-ordinances-of-the-legislative-counci-1890v2 — Page 685

MAGISTRATES . ( 10 of
OF 1890. ] 1275

hath pursuant to section 99 of “ The Magistrates Ordinance, 18 , " duly
applied to me in writing to state and sign a case setting forth the facts and
the grounds of such determination as aforesaid , in order that he may appeal
to the Full Court, and hath duly entered into a recognisance as required by
the said ordinance in that behalf :
( If the case is stated in obedience to a rule under section 109 recite the
refusal and the granting of such rule as follows, but I being of
opinion that the application of the appellant was merely frivolous,
refused to state and sign such case, and at his request signed and
delivered to him a certificate of such refusal: and whereas the Full
Court has since granted a rule calling upon me to state such case) :
3. Now, therefore, I the said Magistrate, in compliance with the said
application (or in obedience to the said rule and order of the Full Court and
the provisions of the said ordinance (if more facts are introduced than proved
and by consent of the said parties ), do hereby state and sign the following
case .

4. Upon the hearing of the information (or complaint) it was proved on
the part of the (Respondent), and found as a fact, that ( here state so much
of the evidence given and of the facts as are necessary to raise the point of
law in question ) .
5. ( State here any of the following paragraphs according to circum
stances ). It was admitted by the appellant that the said proceedings had
before me were legal and regular, and that if (according to circumstances)
the said conviction (or order) was properly made.
6. It is also an admitted fact, that
7. It was further stated, on behalf of the respondent and admitted by the
said appellant, that
8. For the purpose of enabling the said Court to determine the said questions
raised between the said parties, the following further facts were stated and
agreed upon between them , viz. :
( stating them ).
9. ( If it is desired to refer to a portion of the evidence by consent, insert
the following paragraph ) :-It is agreed that if either party shall wish to
refer to
( a document or book) pot set out in the body of this case, such party shall
be at liberty so to do, and that for this purpose the said (document or book )
shall be taken so far as it relates to the said > to form part of
this case .
10. It was contended on the part of the (appellant ), that (here state the
legal objection or objections to thefindings on thefacts taken by the defend
ant or his counsel ).
11. I, however, being of opinion that ( here state the grounds upon which
the Magistrate came to his determination, as) , that the evidence given before
me brought the case within the operation of the said section of the
ordinance (or statute or as the case may be, the dismissal of the information
or complaint, rejection of evidence offered, &c.) gave my determination
against the appellant in the manner before stated .
( If it is desired to refer to a portion of the evidence by consent insert
following paragraph .) * ( " Insried by
mistake see
12. The questions of law arising on the above statement for the opinion par. 9.]
of this Court therefore are 1st whether &c., 2nd whether &c.
Dated the day of 18

[ Seal . ]
(Signed),
A Magistrate, & c.