Summary Jurisdiction Act, 1857

Security and notice to be giyen by the appellant.

11 & 12 Vict. c. 43. s. 30.

3. The appellant, at the time of making such application, and before a case shall be stated and delivered to him by the justice or justices, shall in every instance enter into a recognizance before such justice or justices, or any one or more of them, or any other justice exercising the same jurisdiction, with or without surety or sureties, and in such sum as to the justice or justices shall deem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the Superior Court, and pay such costs as may be awarded by the same; and the appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the clerk to the said justice or justices his fees for and in respect of the case and recognizances, and any other fees to which such clerk shall be entitled; which fees, except such as are already provided for by law, shall be according to the schedule to this Act annexed marked (A), until the same shall be ascertained, appointed, and regulated in the manner prescribed by the Summary Jurisdiction Act, 1848, section thirty [1] ; and the appellant, if then in custody, shall be liberated upon the recognizance being further conditioned for his appearance before the same justice or justices, or, if that is impracticable, before some other justice or justices exercising the same jurisdiction who shall be then sitting, within ten days after the judgment of the Superior Court shall have been given, to abide such judgment, unless the determination appealed against be reversed.

[1 Section 30 of 11 & 12 Vict. c. 43, so far as relates to Clerks of Justices of the Peace, is rep. by 40 & 41 Vict. c. 43. s. 8, which substitutes other provisions.