The Magistrates' Courts (Northern Ireland) Order 1981

Recognizance to prosecute appeal and fees on case stated N.I.

149.—(1) Subject to paragraph (3), an appellant shall within three days commencing on the say 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 F1 ... conditioned—

(a) to prosecute the appeal or case without delay; and

(b) to abide by the judgment of the county court or of the Court of Appeal, as the case may be; and

(c) 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 paragraph (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) Paragraph (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 Article 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.

F1 Words in art. 149(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(29), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)