Section 37: Time for appealing

37. Time for appealing (1) (a) Every person appealing shall, within 21 days of the date of the judgment, exclusively give notice in writing of such appeal to the clerk of the Court. (b) Upon receipt of the notice under paragraph (a), the Magistrate shall immediately bind the party giving such notice, together with one or more sureties, by recognisance in favour of the respondent in such sum as the Magistrate thinks sufficient to cover the costs of the appeal. (c) The condition of the recognisance shall be that the appellant shall appear and within a fortnight of giving notice to the clerk prosecute such appeal to its conclusion, and pay such costs as the Supreme Court may award. (2) The clerk may examine on oath any person offered as surety or may require him to make affidavit touching his means of paying the amount of security required, and any person, who, when so examined or in any such affidavit, makes any false statement, shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 2 years. (3) (a) The appellant shall, within a fortnight of the day on which the recognisance is given under subsection (1), lodge his appeal in the Registry and serve notice of the appeal on the respondent. (b) Where subsequently the appeal is dismissed, the Magistrate may, on production of a certificate signed by the Registrar that such appeal has D12 – 15 [Issue 1] District and Intermediate Courts (Civil Jurisdiction) Act been dismissed and on production of a taxed bill of the costs of such appeal, forthwith issue execution against the appellant for recovery of the judgment and all costs, or against the surety for recovery of the costs of appeal. [S. 37 amended by Act 29 of 1990; Act 29 of 1992.] FIRST SCHEDULE [Section 21] IN THE DISTRICT COURT OF ................................. SMALL CLAIMS FORM Case Number: