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733.   Recognizance or other security by appellant

Revised Laws of Saint Lucia (2021)

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733.   Recognizance or other security by appellant

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    (1)   The appellant may, after he or she has served notice of appeal, and within 15 days after the decision of the Court, enter into a recognizance, with at least one sufficient surety, to the satisfaction of the magistrate, for the due prosecution of the appeal and for abiding by the result of the appeal, including the payment of all costs of the appeal.

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    (2)   The appellant may, if the nature of the case admits of his or her so doing, instead of entering into a recognizance, lodge with the clerk of the Court the amount awarded by the decision as well as the amount of the costs, together with the sum of $500 to abide the costs of the appeal or the amount of costs of the appeal only, as the case may be, and in addition, shall pay to the clerk of the Court all fees in respect of the appeal, if any.

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    (3)   If the appellant is in custody, he or she may be released from custody on the order of the magistrate if he or she complies with the requirements of this section.

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    (4)   A person aggrieved by the decision of the magistrate pursuant to subsection (3) may appeal to a judge of the High Court in chambers who may confirm, reverse or vary the decision of the magistrate.

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    (5)   The magistrate may, when he or she deems it expedient so to do, dispense with the requirement of such recognizance, deposit, or fees, under subsection (1) or (2).

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    (6)   The person prosecuting or defending or appearing as a public officer, or in the public interest, shall not be bound or required to enter into any recognizance or make the deposit, or pay any fees under subsection (1) or (2).

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