MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 149 Powers of Court of Appeal.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 149

Powers of Court of Appeal.

149.(1) Subject to sub-section (3), an appellant shall within three days
commencing on the day on which [a copy of the notice of appeal is lodged with
the clerk of petty sessions] or the application for a case stated is made
enter into a recognizance in such amount as may be fixed by the court from
whose decision the appeal is brought or by any justice of the peace having
jurisdiction in the petty sessions district for which that court acted
conditioned to prosecute the appeal or case without delay and to abide by the
judgment of the county court or of the Court of Appeal, as the case may be,
and to pay such costs as the court may award.

(2) The clerk of petty sessions shall not be required to deliver a case stated
to the appellant until the appellant has, where necessary, complied with
sub-section (1) and has paid to him such fees payable for the case and for the
recognizance as may be prescribed and if the appellant fails or neglects to
pay the fees within fourteen days after being notified that the case stated is
ready for delivery he shall be deemed to have abandoned his appeal.

(3) Sub-section (1) shall not apply to an appellant who

(a)pending the hearing of the appeal or case stated remains in custody; or

(b)has been released from custody upon his entering into a recognizance under
section 148; or

(c)is a public or local authority or an officer of a public or local authority
acting as such or is a constable acting as such; or

(d)is appealing to the county court against an order made in debt proceedings;
or

(e)is a plaintiff appealing to the county court in ejectment proceedings.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mcai1964392/s149.html

Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 149