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P-15 - Summary Convictions Act

Section 95
Disposition versions

Full text
95. (1)  If the justice of the peace refuses to state a case, the applicant may, by petition, supported by affidavit, setting forth the facts forming the basis of his application, and alleging the refusal, apply to the court for a rule calling upon the justice of the peace, and also upon the respondent, to show cause why such case should not be stated; and such court may peremptorily order the justice of the peace to state the case or discharge the application, with or without payment of costs, as to the court seems meet.
(2)  The justice of the peace, upon being served with such peremptory order, shall state a case, upon the appellant entering into such recognizance as hereinbefore provided.
R. S. 1964, c. 35, s. 89.
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