823. [Repealed, 1991, c. 43, s. 9]
824. The appeal court may adjourn the hearing of an appeal from time to time as may be necessary.
- R.S., c. C-34, s. 756.
Marginal note:Dismissal for failure to appear or want of prosecution
825. The appeal court may, on proof that notice of an appeal has been given and that
(a) the appellant has failed to comply with any order made under section 816 or 817 or with the conditions of any undertaking or recognizance given or entered into as prescribed in either of those sections, or
(b) the appeal has not been proceeded with or has been abandoned,
order that the appeal be dismissed.
- R.S., c. C-34, s. 757;
- R.S., c. 2(2nd Supp.), s. 18.
826. Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.
- R.S., c. C-34, s. 758.
Marginal note:To whom costs payable, and when
827. (1) Where the appeal court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the court, to be paid by him to the person entitled to them, and shall fix the period within which the costs shall be paid.
Marginal note:Certificate of non-payment of costs
(2) Where costs are not paid in full within the period fixed for payment and the person who has been ordered to pay them has not been bound by a recognizance to pay them, the clerk of the court shall, on application by the person entitled to the costs, or by any person on his behalf, and on payment of any fee to which the clerk of the court is entitled, issue a certificate in Form 42 certifying that the costs or a part thereof, as the case may be, have not been paid.
(3) A justice having jurisdiction in the territorial division in which a certificate has been issued under subsection (2) may, on production of the certificate, by warrant in Form 26, commit the defaulter to imprisonment for a term not exceeding one month, unless the amount of the costs and, where the justice thinks fit so to order, the costs of the committal and of conveying the defaulter to prison are sooner paid.
- R.S., c. C-34, s. 759.
Marginal note:Enforcement of conviction or order by court of appeal
828. (1) A conviction or order made by the appeal court may be enforced
(a) in the same manner as if it had been made by the summary conviction court; or
(b) by process of the appeal court.
Marginal note:Enforcement by justice
(2) Where an appeal taken against a conviction or order adjudging payment of a sum of money is dismissed, the summary conviction court that made the conviction or order or a justice for the same territorial division may issue a warrant of committal as if no appeal had been taken.
Marginal note:Duty of clerk of court
(3) Where a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating thereto, except the notice of intention to appeal and any recognizance.
- R.S., c. C-34, s. 760.
- Date modified: