the-ordinances-of-the-legislative-counci-1890v2 — Page 688

1278 MAGISTRATES
[ 10 or 1890. ]
10. The Magistrate's clerk shall keep a security book, and shall enter
therein , with respect to each security given in relation to any proceeding, the
name and address of each person bound, shewing whether he is bound as
principal or as surety, the sum in which each person is bound , the undertaking
or condition by which he is bound, the date of the security, and the person
before whom it is taken . Where any such security is not entered into before
a Magistrate, or before the Magistrate's clerk, the person before whom it is
entered into shall make a return of it, shewing the above particulars to the
Magistrate's clerk. The security book , and any certified extract therefrom ,
shall be evidence of the several matters hereby required to be entered in the
security book in like manner as if the security book were the register.
11. Not less than two clear days before a warrant of distress is issued for
a sum due by a principal in pursuance of a forfeited security under this
ordinance, the Magistrate's clerk issuing the warrant shall cause notice of the
forfeiture to be served on the principal. Service of the notice may be effected
either by prepaid letter sent to the address mentioned in the security, or as
service of a summons may be effected under the ordinance.
12. An application under section 51 of the ordinance shall be an application
for a summons requiring the complainant to shew cause why the order made
on his complaint should not be varied .
13. When an order of commitment for non -payment of money is issued,
the defendant may , at any time before he is delivered into the custody of the
gaoler, pay to the officer holding the order the amount indorsed thereon as
that on the payment of which he may be discharged, and on receiving that
amount the officer shall discharge the defendant, and shall forthwith pay over
the amount to the Magistrate's clerk .
14. The sum indorsed on the order of commitment as that on payment of
which the prisoner may be discharged may be paid to the Magistrate's clerk
or to the gamler in whose custody the prisoner is. Where it is paid to the
clerk, he shall sign a certificate of the payment, and upon receiving the
certificate by post or otherwise, the gaoler in whose custody the prisoner
then is shall forth with discharge the prisoner. Where it is paid to the gaoler,
he shall, on payment to him of that amormt, sign a certificate of the payment
and discharge the prisoner and forth with transmit the sum so received to the
Magistrate's clerk .
15. All costs incurred by the plaintiff or complainant in endeavouring to
enforce an order shall unless a Magistrate otherwise order be enforceable by
warrant of distress and sale or by imprisonment not exceeding six weeks
unless the same be sooner paid .
Appeal.
16. In all cases of appeal to the Full Court on questions of law under Part
VII . of the ordinance the party setting down the appeal for argument shall
at the time of setting down the appeal for argument and when the appeal is
to be heard before two Judges, furnish the Registrar with an additional copy
of the case stated and of the deposition ( if any) attached thereto ; and if he
fail so to do, the other party to such appealmay on the day following deliver
such copy as ought to have been delivered by the party making default; and
the party making default shall not be heard until he shall have paid for such
additional
such copy
copy or deposited with the Registrar a sufficient sum to pay for
.
17. Every case stated under Part VII. of the ordinance shall be divided
into paragraphs which as nearly as may be shall be confined to a distinct
portion of the subject and every paragraph shall be pumbered consecutively .
18. The costs of drawing and copying any such case as aforesaid which
does not in substance comply with the requirements of rule 17 shall not be
allowed on taxation unless the Full Court or the Judge before whom the
appeal is heard specially so directs.