Deposit

(1) The appellant shall when he serves the notice of the grounds of appeal upon the magistrate, deposit with the Clerk the sum of five dollars as security for the due prosecution of the appeal and if the appellant fails to make the deposit the notice of the grounds of appeal shall be of no effect. (2) If the appellant duly prosecutes his appeal, he shall be entitled to a refund of the sum of five dollars aforesaid whatever be the result of the appeal but otherwise it shall be forfeited as a court fee.