}m ftUfUshr/s. TIlBFt. v.K.r. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY APPEALS THE CONYICTIONS AND ORDEES JUSTICES. JOHN a. TEOTTER, ASSISTANT CLERK TO THE JUSTICE^;, GUILDHALL, LONDON. LONDON: WILLIAM CLOWES AND SONS, Li.^jited, 27, FLEET STREET. 1884. ISS4 LONDON : PRINTED BV WILLIAM CLOWES AND SONS, LIMITED, STAMFORD STBEET AND CHARING CROSS. PREFACE. The want of a book of ready reference shewing the power of appeal has long been felt in Courts of Summary Jurisdiction. The difficulties in the way of obtaining reliable infor- mation at once, necessarily checks a great number of appeals. In the work now presented an endeavour has been made to meet this want, and enable both learned and unlearned defendants to grasp their position, and to act accordingly. It may be observed that the Summary Jurisdiction Act, 1879, contains sections dealing with appeals, but in consequence of their permissive character, the Act only adds to the difficulties of the subject. The effect of this Act is fully treated in the following pages, and in the Appendix will be found notes calling attention to it whenever necessary. It may not perhaps be out of place to draw attention to the curious fact that an appeal lies in almost every case from a conviction in the Metropolis, where skilled lawyers administer the law (2 & 3 Vict. c. 71, s. 50), but that outside the Metropolis, where no professional train- 783220 IV PREFACE. ing is required to adjudicate in summary proceedings, this power can only be used in a limited degree. The author desires to express his thanks to Mr. Temple Martin, the Editor of the ' Magisterial and Police Guide,' for his many valuable and kind suggestions. J. a T. Guildhall Justice Room, Maij, 1884. CONTENTS. APPEALS TO THE SESSIONS FEOM THE CONVIC- TIONS AND OEDEES OF JUSTICES. CHAPTER I. THE PROCEDUKE BEFORE COUETS OF SUMMARY JURISDICTION. Tlie General Meaning of an Appeal preliminary conditions. Tlie Right of Appeal must be expressly given by Statute (a). not of common law right. reference to earlier Statutes. not given by implication. not excluded by inference. Summary Jurisdiction Act, 1879, s. 19. Metropolitan Police Act, s. 50. no remedy by action where appeal given. The Appellant. party " aggrieved," &c. The Summary Jurisdiction Act, 1879, s. 19. Parish ofticers. Party "who shall think himself aggrieved." The Bespondents. Justices. wrong or omitted parties. death of. Tlie Kind of Sessions. General or Quarter Sessions. General Sessions means Quarter Sessions. should be to the Sessions of the jurisdiction. Boroughs — Municipal Corporation Act, 1882. (a) In the Schedule appended to this volume will be found the whole of the ajipeal clause contained in the Act of Parliament. The same Scliedule shows (if the statute is silent on the subject) whether there is an appeal under any other Act or Acts. vi CONTENTS. 'lo li'hat Sessions as regards time the appeal is to he preferred. Summary Jurisdiction Act, 1879, s. 32. " next " Sessions means next jn-acticable Sessions, reasonable time allowed before Sessions to give notice. adjourned Sessions. "next" Sessions is that after judgment and not execution. Sessions "after cause of complaint arisen." where three calendar months allowed. Notice. 12 & 13 Vict. c. 45, s. 1 (Baines' Act), post. Summary Jurisdiction Act, 1879, s. Si, post. effect of Summary Jurisdiction Act, 1879, ss. 31, 32. when dispensed with — Death. no notices after mandamus to Sessions. where no notice laid down by Statute. if no time prescribed see Summary Jurisdiction Act, 1879, s. 31 (2). where all the conditions precedent are not required in the principal Act. omission of a justice to inform party as to notice required. Sessions not to make a new condition. when notice is to be given. " reasonable " notice. " clear " days. '' immediate " notice. " forthwith." " after cause of complaint shall arise." " after order made." notice not to be to the adjourned Sessions. time for notice expiring on Sunday. kind of notice — when verbal. 12 & 13 Vict. c. 45, s. 1, jjost. Summary Jurisdiction Act, 1879, s. 31, post. description of appellants. • „ respondents. „ Sessions. notice to contain grounds of appeal. 12 & 13 Vict. c. 45, s. 1, post. Summary Jurisdiction Act, 1879, s. 31 (2), JJOSt. Kespondents misled by grounds which are not so. Grounds on appeal against a conviction. Amendment of informal notice. Signature to Notice— Nummary Jurisdiction Act, 1879, b. 31 (7), post. CONTENTS. Vll Nut ice — CO ntuiued. Signature to Notice — contimied. Joint cause, by Parish Officers. Service of Notice. — on justices. Summary Jurisdiction Act, 1879, s. 31, post. when personal service required. on " parties concerned," on " party appealed against." on Sunday doubtful. at a reasonable hour. Parish officers. Fresh notices where limited time not expired. Removal of Paupers. Grounds of an Afipeal to be stated in the notice. 12 & 13 Vict. c. 45, s. 1 (Baines' Act). „ „ ,, s. 3. Defects in Statement. „ „ „ s. 4. Frivolous Statements. „ „ „ s. 9. Sufficiency of Statement. Decision of Sessions conclusive on a matter of fact. Abandonment of grounds. Fresh grounds. All facts material to be stated, and in a specific manner. Grounds on a conviction. Mistake. Evidence confined to grounds. Service. Summary Jurisdiction Act, 1879, s. 31 (2). Recognizance, Conditions. may be verbally acknowledged. may be taken out of Court, must be enrolled at the Sessions. Contents. defective recognizances how amended (12 & 13 Vict. c. 45, s. 8). The Summary Jurisdiction Act, 1879, s. 31 (3). Deposit of money in lieu. by infant. by a married woman, by corporation, "forthwith." " immediately." recognizance where uu notice given. Viii CONTENTS. Recognizance — contin tied. refusal to take, notice of having entered into, death of respondent, effect of recognizance. CHAPTER II. THE PROCEDURE AT THE GENERAL OR QUARTER SESSIONS UPON THE . HEARING OF APPEALS. Practice. Entry and Hearing. Entry — practice of Sessions. not to impose further conditions, practice of the Sessions should be clear. Hearing — calling on the Appeal. conviction, &c., to be read. conditions precedent to be next proved. the right to begin. all objections to be stated at once. fresh evidence. opening of case of the other side. the right of reply. the conviction returned only to be read. if not returned. where order not filed. proof of conditions j^recedent. proof of notice may be waived. admission of service of recognizance. amendment of orders or judgments of justices. 12 & 13 Vict. c. 45, s. 7 (Baines' Act). 5 Geo. 2. c. 19, s. 1. appearance of the parties, abandoning appeal. frivolous appeals — 12 & 13 Vict. c. 45, s. 6. what is a hearing, when the trial commences, evidence to be adduced, fresh witnesses. Tlie Respl,te or Adjournment. Sessions have a general power of, but have no power where the conditions of the statute have not been fulfilled, not a matter of course. CONTENTS. IX Practice. The Eespite or Adjoit^rnment — continued. for opiuiuu of judge of assize. The Summary Jurisdiction Act, 1879, s. 31. when notice of respite required. Queen's Bench will not interfere. Jiidyment of Sessions. by majority of the justices. interested justices. where justices equally divided. Summary Jurisdiction Act, 1879, s. 31 (5) (6). decisi(m final on a matter of fact uuless a case reserved. form of conviction is a fact, and a decision thereon is a hearing on the merits. when Sessions act without jurisdiction a mandamus will lie. decision on a preliminary point of law will be reviewed. form of conviction is not a preliminary point. alteration of judgment. Record. need not be on parchment. Sessions cannot delegate its authority. reference to arbitration — 12 & 13 Vict. c. 45, ss. 12-16. CHAPTER 111. Enforcing Judgment, Statute generally directs. convictions confirmed. 11 & 12 Vict. c. 43, s. 27. The Summary Jurisdiction Act, 1879, s. 31. 12 & 13 Vict. c. 45, s. 18 (Baines' Act). Costs, not of common law right. 12 & 13 Vict. c. 45, s. 5 (Baines' Act). s. 6. Fiivolous appeals. Justices not liable for costs. amount to be ascertained. how to be taxed. standing order as to costs. Crown not liable. Sessions decide the amount. Recovery of Costs. 11 & 12 Vict. c. 43, s. 27 (Jervis's Act). if conviction confirmed justices to issue warrant of distress, costs to be paid to Clerk of Peace. X CONTi:NTJS. Itecvvery of Costs — continned. 11 (& 12 Vict. c. 43, s. 27 (Jervis's Act) — continued. if party not bound by recognizance to pay costs. Justice to enforce payment of costs on production of certifi Gate of Clerk of Peace, not to extend to orders of removal, &c. Poor Rates (see 7iote as to Summary Jurisdiction Act, 1879). costs under statutes previous to Jervis's Act. 12 & 13 Vict. c. 45, s. 18. estreating recognizance. costs are not debts within the meaning of the Debtors Act, 1869. CHAPTEK IV. STATING A CASE FOR THE OPINION OF A SUPERIOR CUDRT ON A POINT OF LAW. 20 & 21 Vict. c. 43. 42 & 43 Vict. c. 49, s. 33 (Summary Jurisdiction Act, 1879). 12 & 13 Vict. c. 45, s. 11 (Baines' Act.) CHAPTER V. 12 & 13 Vict. c. 45 (Baines' Act). 3 Geo, 4, c. 46 (Estreating Recognizance). The Summary Jurisdiction Act, 1879, 42 & 43 Vict. c. 49. Rules under the Summary Jurisdiction Act, 1879. Form of notice. „ of recognizance. „ of special case. APPENDIX. ( ^i ) TABLE OF STATUTES CITED. I Mary, Sess. 2, c. 3 43 Eliz. c. 2 c. 3 13 & 14 Car. 2, c. 12 22 Car. 2, c. 1 22 & 23 Car. 2, c. 25 29 Car. 2, c. 7, s. 6 5 & 6 Geo. 2, c. 19, s. II Geo. 2, c. 19 17 Geo. 2, c. 38 19 Geo. 2, c. 21 20 Geo. 2, c. 19 26 Geo. 2, c. 74 6 Geo. 3, c. 25, s. 4 25 Geo. 3, c. 72 26 Geo. 3, c. 71 30 Geo. 3, c. 56 32 Geo. 3, c. 57 33 Geo. 3, c. 55 39 Geo. 3, c. 73, s. 29 , c. 79 41 Geo. 3, c. 23 , s. 42 Geo. 3, c. 119 44 Geo. 3, c. 54 48 Geo. 3, c 75 , c. 88 49 Geo. 3, c. 68 50 Geo. 3, c. 48, s. 25 PAGE . 178 2 . 246 . 30 3 3 23, 28, 224 . 47 14, 187, 219 . 250 . 253 . 168 . 51 4, n. (6) 3 . 251 . 251 . 167 181, 243 . 247 . 179 . 32 . 33 . 224 . 261 . 174 . 247 23, 25, 33, 51 16, 48 50 Geo. 3, c. 73 52 Geo. 3, c. 155 54 Geo. 3, c. 170 55 Geo. 3, c. 68 — , c. 137 56 Geo. 3, c. 139 57 Geo. 3, c. 19 . , c. 93 59 Geo. 3, c. 7 , c. 12 , c. 134 3 Geo. 4, c. 46 -, s. 2 -,s. 3 -, ss. 4, 5 ,s. 6 -,s. 7 -, s. 8 3 Geo. 4, c. 126 . 4 Geo. 4, c. 95 5 Geo. 4, c. 83 ■ , s. 4 6 Geo. 4, c. 129 . 7 & 8 Geo. 4, c. 24 , c. 29 , c. 53, s. 9 Geo. 4, c. 61 , c. 69 1 & 2 Wm. 4, c. 32 187 250 3 243 169 179 219 186 246 3 .69,91 91 93 94 95 96 97 256 256 182, 259 25, 57 . 16 . 258 8 .6,191 51, 214 . 201 . 201 Xll TABLE OF STATUTES CITED. 1 & 2 Wm. 4, c. 22 , c. 41 1 Win. 4, c. 64 . 1 & 2 Wm. 4, c. Ixxvi. 2 & 3 Wm. 4, c. 120 3&4Wm.4, c. 48 , c. 90 4 & 5 Wm. 4, c. 51 , c. 59 , c. 76 170, 79 4 & 5 Wm. 4, c. 85 5 & 6 Wm. 4, c. 50 , c. 76 , c. 50 , s. 105 5 & 6 Wm. 4, c. 76 6 & 7 Wm. 4, c. 11, ss. 2, 3 6 e% 7 Wm. 4, c. 37 7 Wm. 4 . 1 Vict. c. 36 1 & 2 Vict. c. 38 . c. 74 . c. ci. . 2 & 3 Vict. c. 47 2 & 3 Vict. c. 71 40 27 5C' 2 & 3 Vict. c. 93 . c. xciv. 3 & 4 Vict. 0. 50 . c. 61 — c. 85 . 0. 97 . 4 & 5 Vict. c. 20, s. 30 c. 59, s. 1 5 & 6 Vict. c. 14 . c. 44 . c. 55 . PAGE 204 183 215 178 204 204 221 193 21 244, 246 29,35 216 211 10, 143 4 27 182 163 164 172 152 246 259 219. 178 241 230 241 6 5 182 242 183 216 176 248 193 11, 59 184 215 248 5 & Vict. 6 c. 79 . c. 100 c. 109 6 & 7 Vict. c. 18, s. 7 c. 30 . c. 36 . c. 68 . 7 & 8 Vict. c. 87 . c. 101 8 & 9 Vict. 10, s. 3 16 . c. 18 . c. 1.^0 . c. 100 c. 109 9 & 10 Vict. c. 95 c. 74 10 Vict. c. 14 c. 15 10 & 11 Vict. c. 16 — c. 17 ~ c. 27 6 c. 34 c. 62 c. 65 c. 82 c. 89 11 & 12 Vict. c. 21, ■ c. 43 , s. 1 , s. 14 , s. 27 , ss. 33, 34 , s. 35 , s. 36 c. 46 c. 99 c. 110 . PAGE 201 184 182 28 247 204 184 254 252 20, 22, 170, 171, 245 46 180 218 248 224 2, 202 186 171 229 203 179 262 205 255 238 176 152 243 47 144, 152 69 44 63, 66 148 67 12 & 13 Vict. c. 45 68 15 213 245 81 TABLE OF STATUTES CITED. Xlll 12 & 13 Vict., c. 45, s. 1 . 15, 19, 23, 24, 26, s. 2 s. 3 s. 4 s. 5 c. 83 c. 9 s. 6 s. 7 s. 8 s. 9 s. 10 f^. 11 s. 12 s. 13 s, 14 s. 15 s. 16 s. 17 s. 18 s. 19 13 & 14 Vict. c. 21, s. 4 c. 37 c. 104 14 & 15 Vict. c. 13 c. 28 ■ c 55, s. V. c. 105 , s. 10 15 & 16 Vict. c. 5(> c. 79 c. 84 16 & 17 Vict. c. 33 c. 69 c. 73 c. 96 ^ c. 97 64, s. 106 s. 108 PAGE 12, 14, 30, 34, 81 26, 30, 82 30, 33, 82 31,83 64, 68, 69,83 49,84 46,84 36,85 31, 37, 86 86 87 61, 87 89 89 90 90 68,90 91 213 3,164 12 n (s) 153 184 170 224 155 189 27 240 213 263 204 238 262 225 225 226 226 16 & 17 Vict. c. 97, s. 116 c. 1 1 9 . c. 127 . c. 128 , 17 ^r 18 Vict. c. GO c. 104 . , ss. 480, 482 18 & 19 Vict. c. 116 . c. 120 . c. 121 . c. 122 . c. 126 . 19 & 20 Vict. c. 107 c, 112 . 20 & 21 Vict. c. 31 — c. 43 , s. 2 , s. 3 , s. 4 , s. 5 , s. 6 ,s. 7 , s. 8 ,s.9 , s. 10 ■ [ s. 12 , s. 13 ; S. 14 , s. 15 c. xlvii. . c. 85, s. 21 c. cxlvii., s. 161 21 & 22 Vict. c. 70 c. 90 c. 104 22 & 23 Vict. c. 40 0. 66 c. cxxxiii 23 Vict. c. 27 23 & 24 Vict. c. 32 PAGE 47 172 204 252 165 231 228 207 232 207 233 153 252 232 213 71 71 74 75 76 76 77 77 77 78 78 78 78 79 79 253 230 6 184 231 232 262 203 254 216 177 XIV TABLE OF STATUTES CITED. '23 ct 24 Vict. 24 & 25 Vict. c. t ^ c. 125 . c. 135 c. 7 0. 51 c. 73 c. 96, s. 110 c. 97 , s. 35 c. 99, ss. 1" 100 ss. c. 109 c. 61 , s. 18 68 c. 0. 88 c. 89 c. 102 c. 103, s. c. 114 18 26 Vict. c. 13 26 & 27 Vict. c. 40 c. 65 27 & 28 Vict, 93 103 112 113 117 119 29 37 c. 39, s. 1 c. 47 c. 80 c. 100 c. 110 c. 113 c. 115 28 & 29 Vict. c. 24, ss. 6. 8 PAGE 209 235 183 222 183 184 37 220 37, 228 . 152 23 179 170, 228 33 152 197 212 33 183 231 180 232 31 201 203, 248 171 260 262 184 252 241 210 195 228 176 32 183 153 4 153 254 241 161 28 & 29 Vict. c. c. 29 Vict. c. 35 c. 37 29 & 30 Vict. c. c. 30 Vict. c. 5 c. 12 30 & 31 Vict. c. c. 31 & 32 Vict. c. 32 & 33 Vict. c. 32 & 33 Vict. c. c. 60 83 90 96, s. 121 126 127 89 90 109 113 117 118 84 130 131 134 33 45 52 80 110 116 119 121 122 130 17 24 27 49 62 -, s. 4 — , s. 5 73 96 112 TABLE OF STJTFTEs f'TTF.D. XV PAGE PAGE 32 & 33 Vict. c. lir. . 204 1 37 ^r 38 Vict. c. 67 . 234 33 Vict. c. 10 33 & 34 Vict. c. 29 . 179 . 216 . 180 . 189 . 256 . 255 . 174 . 203 . 180 . 153, 249 . 240 . 259 . 176 . 240 . 246 . 183 2 . 181 3 . 229 . 263 1 ^. (\<\ . 252 . 259 . 250 . 210 . 174 . 195 . 252 . 170 . 206 . 199 . 161 . 177 . 129 . 190 . 191 . 184 . 241 167, 197 . 172 r °^ p <^0 '• •- 38 Vict (■ ^ p 7^ r* (\C\ o OR r ft'^L o 0n p 7fi p '^Q r Rfi p '^'> 37 & 38 Vict c 25 p 99 p A'^ o '^<) c. 49 c. 49 XVI TABLE OF STATUTES CITED. 42 & 43 Vict. 41 & 42 Vict. c. 74 c. 76 ■ c. 77 c. 18 c. 19 c. 30 c. 34 42 & 43 Yict. c. 49 16 ss. 1,2,3,4 s. 5 PAGE 167 253 223 248 188 161 176 97 98 99 67, 69, 100 . 100 . 101 69, 102 . 103 s. 6 s. 7 s. 8 s. 9 s. 10 s. 11 . 105 s. 12 . 106 s. 13 . 107 ss. 14, 15, . 109 s. 17 . 110 s. 18 . Ill s. 19 5, 7, 111 s. 20 . 112 s. 21 . 114 s. 22 116, 154 s. 23 . 117 s. 24 . 119 s. 25 . 120 SS.26, 27 .3,120 s. 28 . 122 s. 29 . 123 s. 30 . 124 s. 31 . 10, 13, 14, 15, 17, 18, 23, 24, 27, 37, 53, 55, 63, 125 , s. 32 10, 13, 14, 55, 128 80, 129 . 129 130, 157 42 & 43 Vict. c. 49 -, s. 33 -, s. 34 -, s. 35 s. 36 s. 37 s. 38 s. 39 s. 40 s. 41 s. 42 s. 43 PAGE 132 132 133 133 135 135, 159 36, 136 . 136 s. 48 s. 49 s. 50 s. 51 s. 52 ss. 53, 54 s. 55 64 76 cxcvii. 43 Vict. c. 19 43 & 44 Vict. c. 43 c. 47 44 & 45 Vict. c. 37 c. 57 c. 58 c. 60, s. 5 c. 62 c. 67 c. 69 45 & 46 Vict. c. 14 c. 32 c. 36 c. 37 c. 41 c. 48 c. 49 c. 50 c. 56 s. 44, 45, 46 . 139 s. 47 67, 70, 141 141 5, 142 144 145 146 147 148 170 180 254 180 231 202 164 170 170 221 260 240 200 233 248 176 185 184 186 170 170 Z6l 190 164 TABLE OF STATUTES CITED. xvii 45 & 46 Vict. c. 75 46 Vict. c. 15 46 & 47 Vict. 0. 4 c. 19 c. 22 c. 31 c. 35 PAGE 38 218 232 231 199 262 207 46 & 47 Vict. c. 31 c. 51 c. 53 c. 57 - 0. 59 - c. 61, s. 61 PAGE . 191 . 185 . 195 184, 239 . 206 . 163 TABLE OF CASES. PAGE Ackworth, Ex parte, 1 D. & L. 718 ; S. C, 3 Q. B. 397 . 60 Asprell V. Lancashire J J., 16 Jur. Q. B. 1067, n. . 28, 81, 128, 182 Battersea v. Westham, 5 Mod. 396 60 Belasco v. Hunnant, 31 L. J. M. C. 225. ... 72 Bennett v. Watson, 3 M. & S. 1 38 Birmingham Overseers, Ex parte, 18L. J. 89, m. ... 5 Blues, Ex parte, 5 E. & B, 291 ; 24 L. J. M. C. 138, S. C. . 15, [17, 27, 39, 40 Bodmin v. Warlingen, 2 Bott. 6 Ed. 872 ... 55 Bowman v. Blyth, 26 L. J. M. C. 57 . . . .52 Breedon v. Gell, 1 Ld. Kaym. 219 44,50 Buckmaster v. Reynolds, 13 C. B. (N.S.) 62 . . .72 Callaghan v. Dolwin, L. R. 4 C. P. 288; 38 L. J. M. C. 110 73 Carter, Re, 24 L. J. M. C. 72 . 39 , Ex parte, L. R. 3 Q. B. D. 13 ; 47 L. J. M. C. 35 ; 37 L. J. 533 . . . . 60 Chapman t'. Robinson, 28 L. J. PAGE M. C. 30; IE. &E. 25; 32 L. T. 89 ; 23 J. P. 228 . 75 Cockfield V. Boxstead, 2 Salk. 477 60 Cortis V. Kent Waterworks Co., 7 B. & C. 314 . . * . 638 Curtis, Ex parte, L. R. 3 Q. B. D. 13 ; 47 L. J. M. C. 35 ; 37 L. J. 533 . . . . 27 Davys v. Douglas, 28 L. J. M. C. 125 ; 32 L. T. 283 ; 23 J. P. 135 .... 73 Dunlop V. Higgins, 1 H. L. C. 398 . . . . 27, 182 Durrant v. Boys, 6 T. R. 580 . 6 Eastham v. Blackburn Rally., 9 Exch. 758 . . . 24 EUershaw JJ. Leeds (Ex parte Longbottora), L. R. 1 Q. B. D. 481 ; 40 J. P. 342 . . 76 Firth, Ex parte, 19 Ch. D. 419 . 33 Fletton Overseers, Ex parte, 29 L. J. M. C. 205 . . . 64 Foxham Tithing Case, 2 Salk, 607 54 Freeman v. Read, 30 L. J. M. C. 123; 9 C. B. N. S. 301; 7 Jur. (N. S.) 346; 25 J. P. 87 65,66 XX TABLE OF CASES. PAGE Gay V. Matthews, 33 L. J. M. C. 14; 7 L. T. (N. S.) 504; 8 L. T. (N. S.) 674 . . 66 Gloucester L, B. of H. v. Chandler, 32 L. J. M. C. 66; 7 L. T. 722 ; 27 J. P. 88 . 74 Glyn V. Thorpe, 1 B. & A. 153 . 36 Grace v. Clinch, 4 Q. B. 606 20, 178 Green v. Pensam, 22 J. P. 727 . 72 Hall V. Wingfield, Hob. 195 . 36 Hawker v. Field, 20 L. J. M. C. 41 64 Hayward^Ex parte, 3 B. & S. 548 ; 32 L. J. M. C. 89 . 44 Holloway, Ex parte, 1 Dowl. P. C. 26 . . . .65 Hutchins v. Chambers, 1 Burr, 580 6 Illingworth v. Bulmer E. High- way Bd., 45 J. P. 37 . . 33 Johnson, Ex parte, 32 L. J. M. C. 193 ; 3 B. & S. 947 ; 9 Jur. N. S. 1128 : 27 J. P. 661, S.C; 8 L.J. N. S. 275 18, [21, 166, 171 Keen v. The Queen, 10 Q. B. 933 . . . . 50, 51, 55 Liverpool Cor]^K)iatiou, Ex parte, 27 L.J. M. C. 89; 22 J. P. 562 208 Longbottom, Ex parte, L. R, 1 Q. B. D. 481 ; 40 J. P. 342 76 Lord Amherst v. Lord Homers, 2 T. R. 372 . . . 6 Lowe, Ex parte, 2 N. S. Cas. 331 ; S. C, 3 D. & L. 737 . 20 Markham, Ex parte, 21 L. J. 748 ; 39 J. P. 150 . . 73 Marshall v. Pitman, 9 Bing. 595 6 Mather v. Brown, 1 C. P. D. 596 33 May, Ex parte, 31 L. J. M. C. 161 ; 26 J. P. 340 . . 72 Motteram v. Eastern Counties Ey. Co. 7 C. B. (N. S.) 58 . 73 Muir V. Hoare, 47 L. J. M. C. 17; 13L. J. 315 . . 73 Newington v. South Eastern Ey., 42 J. P. 420 . . 251 Newman v. Baker, 8C. B. (N.S.) 200, s. 2 . . . .72 NichoUs V. Walker, Cro. Car. 394 .... 6 Peacock v. The Queen, 4 C. B. N. S. 264 ; 27 L. M. C. 224. 28, [81, 182 Pollard V. Yorks. W. E. JJ., 14 L. T. (N.S.) 599 . . 76 Prosser v. Hyde, 1 T. R. 414 . 11, [22,44 V. Hyde, 1 T. E. 417 ; 3 N. & P. 420 . . . 1, [161, 166 Purkis V. Huxtable, 28 L. J. M. C. 221; 5 Jur. 790; 23 J. P. 197 . . . . 73 Eawnsley v. Hutchinson, L. E. 6 Q. B. 305 ; 40 L. J. M. C. 97 ; 23 L. J. 843 ; 19 W. B. 436 .... 65 V. , L. E. 6 Q. B. 305 ; 40 L. J. M. C. 97 51 E. V. Allen, 15 East, 333 .43, 44 TABLE OF CASES. XXI PAGE R. V. Allen, 15 East, 346 . 51 — V. Amlwch, 4 B. & C. 757 . 47 — V. Arlecdon, 11 A. & E. 87 . 32 — v. Aston,lL. M. P.491;19 L. J. M. C. 236 . . 20, 178 — V. Aston-nigh-Birmingham, 12 Q. B. 26 . . . 34 — V. Barnet R. S." Auty., 1 Q. B. D. 558 . . . 18 — V. Bath Recorder, 9 A. & E. 871 4 — V. Beadle, 7 E. & B. 492 . 66 — V. Bedfordshire JJ. 11 A. &E. 134 ; 3 P. & D. 21 9, 27, 29, 166 — V. Bedweli, 4 E. & B. 213 ; 24 L. J. M. C. 17, S. C. . 4 — V. Bolton, 11 Q. B. 379 ,. 51, 55, 65 — V. Berks. J J., 4 Q. B. D. 470 20, [178 — V. Binney, 1 E. & B. 810 ; 22 L. J. (N.S.) M. C. 127 ; 17 Jur. 804 ; 17 J. P. 440 . 68 — V. Bishopwearmouth, 5 D. & Ad. 942 . . . .8 — V. Blanchard, 13 Q. B. 318 . 56 — V. Bloxam, 1 A. & E. 386 .44, 50 — V. Bolton Recorder, 18 L. J. M. C. 139 ; 2 D. & L. 510 . 69 — V. Boultbee, 4 A. & E. 498. 34 — V. Bradshaw, 29 L. J. M. C. 176 ; 6 Jur. 629 . . 72 — V. Bromyard, 8 B. & C. 240 ; 2 M. «& R. 280 . . . 26 — V. Brooke, 2 T. R. 190 . 40 — V. Buckinghamshire JJ., 7 B. & C. 3 . . . . 5 — V. , 6 D. & R. 142 . . . 54 E. & B. 259 ; 24 L. J. M. C. 15 24 R. V. Cambridge Union, 30 L. J. M. C. 137 ... 51 — V. Cambridgeshire, JJ., 1 D.&R. 325; 1 D.&R. M.C. 866, S. C. . . .56 — V. Carmarthen J J., 4 B. & A. 291 10 — V. Carnarvon JJ., 4 B. & A, 86 66 — V. Carnarvonshire J J., 2 Q. B. 329 . . . . 34 — V. Cashiobury, 3 D. & Ry. 35 ; ID. & R. Magis. Cases, 485 2 — V. Chantrell, L. R. 10 Q. B. 587 ; 44 L. J. M. C. 94 . 52 — V. Cheltenham Paving Com- missioners, 1 Q. B. 467 .55, 59 — V. Cheshire JJ., 11 A. & E. 139 .... 27 — V. , 8 Dowl. P. C. 616 .... 59 — V. , 11 Jur. 170 20 — V. Chilverscoton, 8 T. R. 178 47 — V. Colam, 26 L. J. M. C. 225 . . . . . 58 — V. Conway & Lynch, 31 L. J. (M.C.) 46 ; 7 Ir. L. R. 149 . 7 — V. Cracklin, Mic. 1822 . 48 — V. Cumberland J J., 1 B. & C. 64 4 — V. Dayman, 26 L. J. M. C. 128 .... 56 — V. Derby Recorder, 20 L. J. M. C. 44 . . . .25,35 — • V. Derbyshire J J. ,6 A. & E. 612 . . . . 32,35 — V. , 6 A. & E. 885 33 — V. , 1 Dowl. P. C. 386 . . . . 3 XXll TABLE OF CASES. R. V. Derbyshire JJ., 22 L. J. M. C. 31 B. C. ; 16 Jur. 1071 42 — V. , 7 Q. B. 193 . . . 11, 20, 21, 208 — V. Dorset JJ., 15 East, 200 12 — V. Eaves, L. R. 5 Ex. 75 ; 39 L. J. M. C. 70 . . 27, 166 — V. Ely, 5 E. & B. 489 .20, 68 — V. Essex JJ., 4 B. & A. 276 15, [17, 39 — V. , 1 B. & A. 210, cited 6 Q. B. D. 100 . 11, 163 — V. , 5 B. & C. 431 7, 24 — V. • , 34 L. J. M. C. 41 12 — V. Excise Commissioners, 3 M. &S. 133 . . .44,50 — V. Eyre, 26 L. J. M. C. 125 .15, 32 — V. Fladbury, 10 A. & E. 706 55 — V. Frieston, 5 B. & A. 597 . 56 — V. Glamorganshire JJ., 19 L. J. M. C. 172 . . 66 — V. Gloucestershire JJ., 1 B. & A. 1 . . . . 59 — V. , 16 L. J. M. C. 57 ; 11 Jur. 674, S. C 46 — V. ■ , 29 L. J. M. C. 117 ; 1 L. T. 294; 24J.P. 263; 2E.&.E. 420 73 — V. ■ , 3 M. & S. 127 . . . 10 — V. Goodall, L. R. 9 Q. B. 557 65 — V. Goodenough, 2 A. & E. 465 ... .20,74 — V. Great Bedwin, 2 Str. 1158 47 — V. Hanson, 4 B. & A. 521 .2, 176 — V. , 4 B. & A. 519 . 3 — V. Hants JJ. 1 B. & A. 654 4, [28, 181 PAGE R. V. Hants JJ., 1 B. & A. 659 65 — V. , 33 L. J. M. C. 104 65,66 — V. Harding, 2 Salk. 477 . 61 — V. Harrop, 25 L. J. M. C. 107 ; 6 E. & B. 218 . . 8 — V. Hartington Middle Quar- ter, 4 E. & B. 780 ; 24 L. J. M. C. 98 . . . .56 — V. Headingham, Sible, Burr. S. C. 112. . . .60,61 — V. Headington Union, 47 J. P. 756 . . . . 61 — V. Hellier, 17 Q. B. 229 ; 17 A. & E. 229 ; 21 L. J. N. S. M. C. 3; 15 J. P. 675 .64,68 — V. Herefordshire, 3 B. & A. 581 . 12, 20, 81, 166, 185 — V. Herts JJ. 4 B. & A. 561 -, 1 N. S. C. 470 45, [46 59 — V. Holborow, 14 Q. B. 421 . 40 — V. Huntingdon J J., 5 D. & R. 588; 2 D. R. Mag. Gas. 594, S. C. . . 20, 39, 178 — V. Huntingdon JJ., 4 N. S. C, 101 ; 19 L. J. M. C. 127, S. C. ; 14 L. T. 491 ; 14 J. P. 223 . 18, [19, 21, 23, 171 — V. Huntly, 3 E. & B. 172 ; 23 L. T. (N.S.) M. C. 106 . 64, [67, 68, 69 — V. Hyde, 2 E. & B. 952 ; 21 L. J. M. C. 94 . . . 64 — V. Incledon, 1 M. & S. 268 . 7 — V. Ipswich Recorder, 8 Dowl. 103 4 — V. Jeffreys, 1 B. & C. 604 . 50 — V. Jenkinson, 1 T. R. 82 . 47 — V. Kendal, 28 L. J. M. C. 110 .... 32 TABLE OF CASES. XXlll PAGE R. V. Kent, 9 B. & C, 283 . 203 — V. Kent JJ., 36 L. J. M. C. 130 60 — V. , 16 L. J. (N.S.) 672 ... . 250 _ V. , L. R. 1 Q. B. 385; 35 L. J. M. C. 201 , . 10 — V. , L. R. 6 Q. B. 132 ; 40 L. J. M. C. 76 . . 32 _ V. , L. R. 8 Q. B. 305 26, [165 — V. Kesteven, 3 Q. B. 810 31, 58 — V. Kimbolton, 6 A. & E. 603 ; 1 N. & P. 606 . . 29, [50, 51 — V. Lancashire JJ., 1 B. & A. 630 .... 9, 28 — V. , 8 B. & C. 593 ... 20, 166 — V. , 2 Jur. 468 54 --, 34 L. T. 124 .... 22 — V. Leeds JJ., 4 T. R. 583 . 18 — V. Leeds Recorder, 21 L. J. M. C. 171 ... 40 — V. Leicestershire JJ., 1 M. & S. 442 . . . 55, 60 — V. , 15 Q. B. 88 ; 19 L. J. M. C. 209 9, 15, 40 — V. Leominster, 2 B. & S. 391 ; 31 L. J. M. C. 95 . 28 — V. Lincolnshire JJ., 3 B. & C. 548 ... 35, 51 _ V. , 2 Jur. 89 29 — V. Lindsey JJ., 6 M. & S. 379 .... 54 — V. Liverpool Recorder, 15 Q. B. 1070 ... 24 — V. , 20 L. J. M. C. 35 ... 56 R. V. Llangenny, 32 L. J. M. C. 265 .... 32 — V. London JJ., 15 East, 632 9, 125, 162 — V. Lord Hastings, 6 Q. B. 141 ... 49, 66 — V. Macclesfield JJ., 2 L. T. 352 .... 76 — V. , 13 Q. B. 881 ... 30, 45 — V. Manchester Recorder, 15 Jur. 729 . . . .45 — V. Merioneth JJ., 6 Q. B. 163 .... 66 — V. Middlesex JJ.,'3 B. & A. 938 .... 8 — V. , 2 Dowl. N. S. 719 . . 22, 28, 162 — V. , 5 D. & L. 580 ; 3 N. S. C. 152, S. C. ; 17 L. J. M. C. Ill 23, 28, 162, 171 — V. , 9 Dowl. B.C. 163 ... 30 — V. , 2 N. S. 173; 3D.&L.109; 14 L. J. M.C. 139 . . 12,20 — V. , 6 M. & S. 279 ... 12,169 — V. , 4 Q. B. 807;12L.J.M.C.134,S. P. 9 -, L. R. 2 Q. B. D. 516 ; 46 L. J. M. C. 225 ... 58,59 — V. , 45 J. P. 420 .... 6 — V. Midlam, 3 Burr. R. 1720 45 — V. Monmouth J J., 1 B. & A. 895 ... 12, 54, 174 — V. , 3 Dowl. P. C. 306 . . . . 54 XXIV TABLE OF CASES. R. V. Montgomeryshire, 3 D. & L. 119 ; 14 L. J. M. C 142 — V. Montgomery shire J J., 51 L. J. M. C. 95 ; 46 J. P. 517 — V. Mortlock, 7 Q. B. 459 . — V. Natland, Burr. Sett. Cases 112. . . . — V. Newbury, 4 T. R. 475 . — V. Newcastle-on-Tyne JJ., 42 13, [128 69 61 43 1 B. & A. 923 - V. Norfolk J J. 944 25, 34 2 B. & A. 5 B. & A. 484 -v.— -, 5 B. & A. 991 65 48 46 - V. Northampton JJ., Cald. Sett. C. 30 . . . 61 - V. North Bovey, 2 Q. B. 504 33 - V. Nottingham JJ., 1 Sess. C. 442 . . . . 66 - V. Over, 14 Q. B. 425 . 47 - V. Oxfordshire JJ., 1 B. & C. 279 ; 2 Dowl. & R. 426 25, 33 1 M. & S. 446 - V. - 448 - V. - 1 M. & S. 35, 51 2, 10 , 4 Q. B. 177 ... 8, 26 — V. Pawlett, L. R. 8 Q. B. 491 ; 42 L. J. M. C. 157 18, 42, 46 — V. Peacock, 27 L. J. C. P. 224; 31L. T. 101; 4 C. B. 264; 22 J. P. 403 . . 74 — V. Pearson, 6 T. R. 375 . 7 — V. Pembrokeshire JJ., 2 East, 213 . . .11 — V. Peterborough JJ., 18 L. J. M. C. 79 ; 6 D. & L. 512 ; 3 N. S. 365, S. C. . 45, 49 PAGE K V. Phillips, 29 L. T. 100 . 65 — V. Pilkington, 13 L. J. M. C. 64 ; 8 J. P. 724 ; 5 Q. B. 669 72 — V. Pratt, L. R. 5 Q. B. 176 ; 39 L. J. M. C. 73 ; 18 AV. R. 625 .... 69 — V. Price, 5 Q. B. D. 300; 44 J. P. 248 ; 49 L. J. M. C. 49 63, [68, 251 — V. Preston-on-Hill, Burr. Set. C. 77 . . . .56 — V. Purdey, 34 L. J. M. C. 4 48, 65 — V. Rand, L. R. 1 Q. B. 220 55 — V. Reading, case temp. Hardwick . . .61 — V. Richmond, 1 E. & B. 253 ; 27 L. J. M. C. 197 27, 60, 182 — V. Robinson, 12 A. & E. 672 20 — V. Rutland J J., 13 L. J. (NS.)722 .... 73 — V. Ruyton Inhabitants, 30 L. J. M. C. 229 ; 1 B. & S. 530 32 — y. St. Albans JJ., 18 A. & E. 932 ; 1 Per. & Dav. 148 . _ V. , 3 B. & C. 698 V. Salop JJ., 8 A. (fe E. 173 36 203 20, [165 257 54 — V. , 2 B. & A. 145 — V. , 2 B. & A. 674 — V. , 4 B. & A. 626 19, 23 — V. , 6 Q. B. D. 669 ; 46 J. P. 196 . 14, 17, 81, 125, 129 — V. Shaw, 2 Salk, 482 . 9 — w. Sheard,2B.&C.856 26,33,46 — V. Sheffield Ry. Co., 11 A. & E. 194 . . , 58 — V. Shrewsbury and Hereford Ry. Co., 25 L. J. N. S. ; 19 J. P. 274 . . . . 65 — ■ V. Shropshire, 8 A. & E. 173 . . . .20, 165 TABLE OF CASES. PAGE R. V. Shropshire J J., 4 B, & A. 626 ... 19, 23 — V. , 2 B. & A. 145 .... 257 — V. , 2 B. & A. 674 .... 54 — V. , 6 Q. B. D. 669 ; 46 J. P. 196 14, 17, 81, [125, 129 — V. Skircoat, 28 L. J. M. C. 224 ; 2 E. & E. 603 . 50-54 — V. Skone, 6 East, 514 . 3 — V. Slawstone, 18 Q. B. 388 27, 182 — V. Smith, 59 L. J. M. C. 216 48, [65 — V. Somerset JJ., 7 B. & C. 681 .... 7 — V. , 2 N. S. C. 645 .... 26 — V. Staffordshire J J., 4 A. & E. 842, 843 . . . 19, 27 — V. • , 2 Dowl. N. S. 353 - V. 572 - V. -, 12 East, -, 26 L. J. 54 4 M. C. 179 ; 7 E. & B. 935 . 66 — V. Stayley, 3 Q. B. 360 . 48 — V, Stock, 8 A. & E. 405 ; 3 N. & P. 420 . . 4, 176 — V. , 8 A. & E. 411 ; 3 N. & P. 420 . . . 3 — V. Stoke BUss, 6 Q. B. 158 . 47 — V. Stoke-on-Trent, 5 Q. B. 303 .... 61 — V. Suffolk J J., 4 A. & E. 219 35 — V. , 1 B. & A. 640, 645 ... 32,50 — v.— ,4D.&L.628; 16 L. J. M. C. 36 . , 22 xSv PAGE R. V. Suffolk JJ.„ 5 D. & L. 558 ; 17 L. J. M. C. 143 . 22 — V. Surrey JJ,, 5 B. & A. 539 .... 23 — V. , 1 D. & R. 160 ; 5 B. & A. 539 . . 18, 10 y^ V. 479 , 3 N. S. C. 531 46 , 1 , M. & S. 11,22 — V. , 2 N. S. C. 245 60 — V. , 2 T. R. 504 3, 176 — V. , 5 Q. B. 87 4, 176 — V. — , 6 Q. B. D. 100 ... 11,19 — V. Sussex JJ., 4 B. & S. 966 ; 34 L. J. M. C. 69 . . 22 — V. , 9 Dowl. P. C. 125 .... 45 — V. , 15 East, 206 8, 12, [174 _ V. , 7 T. R. 107 ; 4 B. & S. 966 ; 34 L. J. M. C. 69 11 — V. Sutton Coldfield, W. N. 1874, p. 29 ; L. R. 9 Q. B. 153 61 — V Sweet, 9 E. 25 . . 65 — V. Taunton, 3 M. & S. 465 . 7 — V. Tedford, Barrows' Settlt. Cases, 57 . . . .53 — V. Tomlinson, 42 L. J. M. C. 1 ; L. R. 8 Q. B. 12 ; 36 J. P. 744 . . . . 21, 4^ — V. Tovvnsend, 16 Vin. Abr. 417 61 — V. Townstal, 3 Q. B. 357 . 48 — V. Trafford, 15 Q. B. 200 . 10 — V. Tucker, 3 B. & C. 544 . 203 — V. Turner, 5 Mod. 329 . 9 — V. Turnock, 2 Salk. 474 . 9, [125, 162 — V. Ward, 6 C. & P. 366 . 60 G XXVI TABLE OF CASES. R. y.WarwickshireJJ.,6 A.& E. 873 26,29 — V. 25 L. J. M. C. 119; 20 J. P. 693; 27L. T. 235 . . .6,164 — V. 6 Q. B. 750; 14 L.J. M. C. 39 . 42 — V. Watford, 9 Q. B. 626 . 30, [34, 49 — V. Watts, 7 A. & E. 470 . 19 — V. Westmoreland, 10 B. & C. 226. . . 25,34,35,51 — V. Wheelock, 5 B. & C. 511 . 60 — V. White, 4 T. & R. 771 .8, 26 — u.Wilkinson, 2M&S. 431. 49 ~ V. Wiltshire JJ. 10 East, 404 19 — V. , 13 East, 352 50,51 — V. Winsor, L. R. 1 Q. B. 311 7 — V. Wohurn, 10 East, 395 . 7 — V.Worcestershire J J., 7 Dowl. 789 . . . . 20, 39, 175 — V. Worcester JJ., 3 E. & B. 487 3 — V. Yeomans, 1 L. J. (N. S.) 169 ; 24 J. P. 150 . . 72 — V. Yeoveley, 8 A. & E. 806. 60 — V. Yelvertoft, 6 Q. B. 801 . 44, 50 — V. Yorks. E. R. JJ., 1. Doug. 183. . . . 11,161 — V. W. R. J J. 4 B. & A. . 12, 18, 20, 74, 125, 162 ,5B.& A. .54,60 ,7B. &C. . 7,24 , 1 C. & P. 60 - V. , 3 D. & L. 152 26 685 - V. - 667 678 706 PAGE R. V. Yorks. W. R. JJ., 3 M. & S. 493 ; 7 B. & C. 678 . 5, 18 — V. , 3 T. K, 778 29 — V. , 1 Q. B. . 257 , 2 Q. B. .42,60 , 5 Q. B. 1 47 , 7 Q. B. , 8 Q. B. 624 . - V. — 705. - V. — - V. — 154 . - V. • 491 Roberts v. Stacey, 13 East, 21 . 27 19 20 St. James, Westminster v. St. Mary, Battersea, 29 L. J. (N. S.) M. C. 26; 6 Jur. (N. S.)100 ... 72 St. Mary, Islington v. Price, 5 Q. B. D. 300; 44 J, P. 248 ; 49 L. J. M. C. 49 . 63, [68, 251 Schneider v. Norris, 2 M.&S. 286 24 Scott V. Legg, W. N. 1877, p. 110 . . . 18, 233 Sellwood V. Mount, 1 Q. B. 726, 735 65 Smith, Ex jjarte, 27 L. J. M. C. 186 76 South Cadbury v. Braddon, 2 Salk. 607 . . . .60 South Molton Case, Skinner, 222 ; Burr. Sett. c. 592 9, 125, [163 Stanhope v. Thorsby, 12 Jur. 374; 35 M. C. 182 L. R. 1 C. P. 423 ,. . 75 Syred v. Carmthers, 27 L. J. M. C. 273; 23 J. P. 37; 1 E. B. & E. 469 . . . 74 TABLE OF CASES. xxvii Taylor v. Oram, 21 L. J. M. C. 252 Wakefield v. W. R. Yorks. JJ. 30 J. P. 389 ; 12 Jur. 936 . Watson V. Pitt, 5 C. B. 77 Watts V. Kent JJ. 35 L. J. M. C, 190; L. R. 1 Q. B. 388 .... 73 29 74 Weaver v. Price, 3 B. & A. 409 ..... 6 Williams, Ex parte, S. C. McClell, 493; 13 Price, 673. 37 Zouch V. Empsy, 4 B. & A. 522. . . . .20 ERRATUM. Page 35. For i?. v. Derhi Recorder, 20 L. J. M. G. 161, read ditto, 44. APPEALS TO THE QUARTER SESSIONS FKOM THE CONVICTIONS AND OEDERS OF JUSTICES. CHAPTER I. THE PROCEDURE BEFORE COURTS OF SUMMARY - JURISDICTION. The General Meaning of an Appeal. — An appeal may be defined as a rehearing, on the merits, of a decision of a Court of Summary Jurisdiction by a Superior Court. This appeal is to the Court of General or Quarter Sessions, and is in the nature of a writ of error (a) ; but an appeal on a point of law is to the judges on a " case " stated under 20 & 21 Vict. c. 43 (post, Chapter IV.). To the right of appeal is attached certain preliminary con- Pre- ditions, which should be carefully attended to and condition' complied with, otherwise the Sessions will not hear the appeal. The statute authorizing the appeal generally enacts that notice is to be given within a certain time to the opposite party, and to the justices who made the order, &c. The notice should contain the grounds of the (a) Prosser v. Byde, 1 T. R. 417 ; 3 N, & P. 420. B 2 THE RIGHT OF APPEAL. appeal, or, where the Act allows such a course, the grounds may be served separately. It should also state the particular Sessions at which the appeal will be entered. The next step generally required is for the appellant to enter into a recognizance to prosecute the appeal with effect, and pay such costs as may be awarded ; frequently notice of having entered into such recognizance is also required to be given. These conditions will be found fully discussed in the following pages under the various headings ; and the schedule in the Appendix contains the whole of the appeal clause as set out in each Act of Parliament. THE EIGHT OF APPEAL. The Right of Appeal does not lie unless expressly given by statute (&). (The Schedule in the Appendix to this volume shows the entire clause of the Act giving the right of appeal.) It cannot exist as a common law right, as in the case of a writ of certiorari, which lies in every case unless specially taken away by statute (h). Not con- If reference be made to the earlier statutes it will be *ai"i r'^ found that the power of appeal does not occur in any of statutes, them. The Act relating to the poor, passed in 43 Eliz. c. 2, allows an appeal " to any person who shall find themselves grieved with any cess, or tax, or other act done, by the churchwardens and other persons, or by the justices allowing the rate." This seems to be the first enactment on the matter in question, and it will be per- ceived that it is not against a conviction of justices. The (/;) R. V. Hanson, 4 B. & A. 3 D. & Ry. 35 ; 1 D. & R. 521 ; R. V. Oxfordshire JJ., 1 Magis. Cases, 4^5. M. & S. 448; i?. v. Cashiohury, THE RIGHT OF APPEAL. 3 Conventicle Act, 22 Car. 2, c. 1 and 22 & 23 Car. 2 c. 25, were the first Acts which conferred such a privilege in the latter event. It may therefore be inferred that where the Legislature deemed it necessary to step in and increase the safeguards to the administration of the law by justices, such a power as that of an appeal to Sessions could not have existed by common law right. An appeal clause cannot be incorporated by implica- Cannot be tion, as an appeal is always considered a special provision. The reason is that the appeal" brings a new set of parties into action, and it is necessary that the persons to be affected and the machinery to be employed should be distinctly pointed out (c). So where an Act (25 Geo. 3, c. 72, relating to Excise) incorporated " all the powers, authorities, rules, penalties, forfeitures, clauses, matters and things " contained in former Acts relating to excise, these were considered as general provisions, and as the power of appeal is a special provision, it ought not to be implied, as it does not lie unless expressly given (d). Nor can it be extended by equitable construction. For where by the Church Building Act (59 Geo. 3, c. 134), the Commissioners are empowered to stop up footpaths and give notice in the manner and form prescribed by 55 Geo. 3, c. 68, Schedule (A), and the latter Act enacts that " such order will be enrolled at Sessions, unless upon an appeal against the same to be then made it be other- wise determined." It was held that though the form of the notice was incorporated into the Church Building (c) E. V. Stock, 8 A. & E. 411 ; East, 514, as to appeal against 3 N. & P. 420. "penalties" where the Act only id) R. V. Surrey JJ., 2 T. E, mentions forfeitures and offences ; 504; see also R. v. Hanson, 4 B, R. v. JDerhysJiire J J., 1 Dowl. P. & A. 519 ; R. V. Worcester JJ., C. 386. 3 E. & B. 487 ; R. v. SJcone, 6 B 2 4 THE BIGHT OF APPEAL. Act, yet that no power of appeal against an order stopping up a footpath could be inferred from it (e). nor ex- But where a private enclosure Act (50 G-eo. 3) allowed inference, an appeal against anything done in pursuance of that Act, or the General Enclosure Act, and by another section declared that no charge or item m the Commis- sioners' accounts shall be binding unless duly allowed by a justice of the peace, it was held that the word " binding " must be confined to the proceedings, and that the appeal clause could not be excluded by infer- ence (/). So where the Highway Act (27 & 28 Vict. c. 100) enacts "the like proceedings shall be had as where application is made under the Highway Act, 1835, to procure the stopping up of a highway," this was held to give an aj)peal against the certificate or order of the justices declaring it to be necessary. Hannen, J., said, " the authorities that have been cited {R. v. Surrey J J., 2 T. R. 504 ; B. v Eanson, 4 B. & A. 519 ; E, v. Stoch, 8 A. & E. 405, ante) have not much bearing on the ques- tion, because in all cases the intention of the Legislature must depend to a great extent upon the particular object of the statute that has to be construed. I have come to the conclusion that the Legislature intended to give an appeal in a case like the present {g). An appeal clause in a general Act overrides the appeal (e) R. V. Stock, 8 A. & E. 405 ; commitment, held that a commit- 3 N. & P. 420 ; and see R. v. ment and conviction are one and Bath Recorder, 9 A. & E. 871 ; the same thing. R. V. Ipsivkh Recorder, 8 Dowl. (/) R, v. Cumherland J J., 1 B. 103 ; see also B. v. Staffordshire & C. 64 ; also R. v. Bedwell, 4 E. J J., 12 East, 572, an appeal autho- ^ B. 213 ; 24 L. J. M. C. 17, s. c. ; rized by 6 Geo. 3, c. 25, s. 4, R. v. Hants JJ., 1 B. & A. 654. against any determination, order, (g) R. v. Surrey JJ., 5 Q. B, or warrant, except an order of 87. THE RIGHT OF APPEAL. 6 clauses of the then existing local Acts Qi). The appeal should be made within the time limited, as there will be no right, by application, to such a power after- wards {i). By some Acts the justices are required to inform the party of his right to appeal, but where the party signified that he did not mean to appeal this may be waived {¥). By the Summary Jurisdiction Act, 1879, however, the 42 & 43 Vict. c. 49 right of appeal is somewhat enlarged. Sect. 19 gives an g, 19'^ p^^tl appeal to the Sessions to any person who, in pursuance of i'- ^^^• any Act, whether past or fature, is adjudged by a convic- tion or order to be imprisoned without the option of a fine : but the defendant cannot exercise this power if he pleads guilty or admits the truth of the information or complaint, and there is a proviso which renders the section non-applicable for failure to comply with an order for the payment of money, for the finding of sureties (Z), for the entering into any recognizance, or for the giving of any security. This clause relates to " past or future " Acts (see defini- tion clause, s. 49), and does not mention " this Act," so that it would not apply to imprisonment for an indictable offence dealt with summarily under this Act. In the Metropolis, by 2 & 3 Vict. c. 71, s. 50, there is Metropoli- an appeal given to any person who shall think himself district. aggrieved, in every case of summary order, or conviction, 2 & 3 Vict. in which the sum or penalty adjudged to be paid shall see Ap- pendix Qi) R. V. Buckinghamshire J J., mary Jurisdiction may on appli- (Schedule). 7 B. & C. 3. cation inquire into the case of a {i) Ex parte Overseers of Bir- person committed for want of mingham, 18 L. J. 89, m. sureties, and hear new evidence, (Jc) R. V. W. R. Yorks. JJ., 3 and may reduce or dispense with M. & S. 493 ; 7 B. & C. 678. the sureties. (/) By sect. 2G a Court of tSuui- 6 THE EIGHT OF APPEAL. be more than £3 (m), or in whicli the penalty adjudged shall be imprisonment for any time more than one calendar month (w). See Appendix, Police (Metro- politan). Where an order is made in the Metropolis under sect. 27 of this Act for the delivery of goods unlawfully detained, it is enacted that no such order shall bar recovery by action within six months. See Schedule, Appendix. But it should be borne in mind that where an Act gives the right of appeal to the Sessions there can be no remedy by action, unless there is an absence of jurisdic- tion in the Act complained of (o), or there is an express enactment to that effect. No appeal Further, there can be no appeal generally against an acq'uitTil acquittal in a criminal proceeding unless expressly au- thorized by statute. (7 & 8 Geo. 4, c. 53, s. 82, may be taken as an illustration.) That would be to put a man on his trial twice for the same offence. Nemo debet his vexari pro unci, et eadem causa is a maxim of law ( Broom's Legal Maxims, 5th ed. p. 327). See B. v. Middlesex JJ., 45 J. P. 420, which was an appeal, under the Thames Conservancy Act, 1857 (20 & 21 Vict. c. cxlvii. s. 161), by the Conservators against the decision of the Justices (??i) Exclusive of costs, B. v. gives an appeal wherever im- Warwickshire JJ., 25 L. J. M. C. prisonment only is adjudged. 119 ; 20 J. P. 693 ; 27 L. T. 235, (o) Hutchins v. Chambers, 1 decided on the appeal clause under Burr. 580 ; Marshall v. Pitman, the Cruelty to Animals Act (12 & 9 Bing. 595 ; Cortis v. Kent 13 Vict. c. 92), s. 2b, post, Appen- Waterworhs Company, 7 B. & C. dix, "Animals," 314; Durrant v. Boys, 6 T. R. (ji) The latter part of this sec- 580 ; Lord Amherst v. Lord tion is now virtually repealed by Soiners, 2 T. R. 372 ; Weaver v. the Summary Jurisdiction Act, Price, 3 B. & A. 409 ; NichoUs v. 1879, s. 19, post p. Ill, which Walker, Cro. Car. 394. THE APPELLANT. 7 in Petty Sessions dismissing an information. The Quarter Sessions in considering the language of the section were willing to hear the appeal. The Respondents then moved the High Court and obtained a rule for pro- hibition, the Court stating that the statutes gave no power to the prosecutor to appeal when the information was dismissed. See also B. v. Fearson, 6 T. R. 375 ; B. ■ V. Winsor, L. R. 1 Q. B. 311 ; B. v. Comvay and Lynch, 31 L. J. M. C. 46 ; 7 Ir. L. R. 149. THE APPELLANT. The Apj^ellant is the party having the right of appeal. The Statutes employ a variety of terms to indicate the ajjpellant, such as " any person aggrieved," " any person who thinks himself aggrieved" or injured, "any party convicted who thinks himself aggrieved." The Summary Jurisdiction Act gives the power of 42 & 43 appeal to any person adjudged by a conviction to be s.'i9, »osi' imprisoned. P- ^^^• It will be perceived, therefore, that a difficulty may Party arise as to who may be considered to be the "person ^^^'^® aggrieved." There should be some special and peculiar personal grievance to the appellant himself (j)), and where the right of appeal is given to the "party aggrieved " this should be shown in the notice (q). Parish officers may a23peal on behalf of the inhabi- Parish tants (r), but the person aggrieved should have some ° ^^^'^' interest in the subject-matter (s). (p) B. V. Essex JJ., 5 B. & C. B. & C. 678. 431; and see E. v. Taunton, 3 (r) i?. v. Wohurn, 10 East, M. & S. 465 ; B. V. Incledon, 1 M. 395. & S. 268. (,s) B. V. Somerset JJ., 7 B. & (q) B. V. YorA-s. W. B. JJ, 7 C. 681. 8 THE RESPONDENTS. Party who shall think himself aggrieved. Joint appeal. The grievance should be immediate, and not conse- quential, to the party aggrieved (t). So where the words of the appeal clause are " if he shall think him- self aggrieved," it must be shown that he has good cause for saying he is aggrieved : a simple opinion is not sufficient, and a party who had been present at a meeting and concurred in a resolution upon which the order appealed against was founded could not appeal (w). It must be confined to those who may have reasonable ground for thinking themselves aggrieved (x). Several 2)ersons may have a joint grievance and join in one appeal, as where three persons were jointly sum- moned under 7 & 8 Geo. 4, c. 29, for unlawful fishing, it was held that they might give a joint notice of appeal although they entered severally into recognizances (y). Justices. Wrong or omitted jiarties. THE RESPONDENTS. The Respondents are the parties to whom the statute directs notice of appeal to be given, and if those parties are not mentioned, then it seems that the party at whose instance and for whose interest the magistrate was called on to act and in fact acted, as well as the magistrate or magistrates themselves, should be made respondents. But if the magistrate or magistrates acted without prompting of any interested party, they should be made respondents (z). Care must be taken that the wrong persons are not (0 It. V, Middlesex J J., 3 B. & Ad. 938. (m) R. v. Harrop, 25 L. J. M. 0. 107 ; 6 E. & B. 218. (x) R. V. Bishojnivear mouth, 5 B. & Ad. 942. (y) R. V. OjfordsJure J J., 4 Q. B. 177; also R. v. \]^lte, 4 T. & 11. 771, joinder against a poor rate; R. v. Sussex J J., 15 East, 206. (z) Dickenson's Quarter Ses- sions, p. 618 ; as to notice on jus- tices, post. THE KIND OF SESSION. 9 made respondents {a), also that none are omitted (h) ; or the appeal will fall through in both instances. Where the respondent died before the notice was Peath of. served, the Court held that the appellant had been prevented from sending his notice by the act of God(c). THE KIND OF SESSION. The kind of Session to which an appeal is made is described in almost every statute as the General or Quarter Session or General Quarter Session. It must be borne in mind that where an appeal is given to General Session which is not also a Quarter Session, the notices must be given for the General Session not- withstanding every Quarter Session is a General Session (d). But if the power is given to appeal to the Quarter Session and a General Session intervene, such last-mentioned Sessions could not hear the appeal (e). With regard to the " General or Quarter Sessions " or General "General Quarter Sessions," it has been held that the gg^ss^ons word " General " is so used as another word for Quarter Sessions in contradistinction to special Sessions, every Quarter Sessions being a General Session (/). Appeals against orders and convictions of the county Appeals magistrate should be made to the County Sessions, and to the those against magistrates acting in a borough to the fhg^-°°^ luns- Sessions for the borough (g). diction. (a) B. V. Bedfordshire J J., 11 (e) B. v. Tiirnock, 2 Salk. 474; A. & E. 134 ; 3 P. & D. 21. and see B. v. Turner, 5 Mod. (b) B. V. Lancashire JJ., 1 B. 329. & A. 680. (/) B. V. London JJ., 15 East, (c) /('. V. Leicestershire JJ., 15 632 ; B. v. Middlesex JJ., 4 Q. Q. B. 88 ; 19 L. J. M. C. 209. B. 807 ; 12 L. J. M. C. 134, S. P. (d) B. V. Shaw, 2 Salk. 482; (g) South Molton Case, Skinner, also Lord Dcnman in B. v. Middh- 222 ; Burr. Sett. c. 592. sex JJ., 4 g. B. 810. 10 SESSIONS AS HE GAUDS TIME. Boroughs. Where in a borough being a county of itself, the only Sessions were General Sessions held twice a year, it was held that apj)eals against orders of removal must be tried at the next of those General Sessions (h). By the Municipal Municipal Corporations Act, 1882, s. 154 (2), no part of tious Act, a borough having a separate Court of Quarter Sessions u shall be within the jurisdiction, exercisable out of Quarter Sessions of the justices of a county, where the borough was exempt therefrom before the passing of the Municipal Corporations Act, 1835. To ivhat Sessions as regards time, the aj^peal is to he 2)referred. — This is usually stated in the statute autho- rizing the appeal, but when this is not done a reasonable time should be allowed (i). 42 & 43 The Summary Jurisdiction Act, 1879, s. 32, says that s. 32, post! where any past Act so far as is unrepealed prescribes that an appeal from the conviction or order of a Court of Summary Jurisdiction shall be made to the next Court of General or Quarter Sessions, such appeal may be made to the next practicable Court of General or Quarter Sessions having jurisdiction in the county, borough or place for which the Court of Summary Jurisdiction acted, and held not less than fifteen days after the dai/ on which the decision was given upon which the conviction or order appealed against was founded. By sect. 31 (1) the same time is allowed where a person is authorized by " this Act or by any future Act." Where the statute authorized an appeal to the next " Next " Sessions. (/i) i?. V. Carmarthen JJ., 4 B. (0 B. v. Oxfordshire JJ., 1 M. & A. 291, before the Municipal & S. 448, /3er EUenborough, C.J. ; Corporations Act, 1835; see also see also i?. v. Trafford, 15 Q. B. B. V. Kent J J., L. E. 1 Q. B. 200; B. v. Gloucestershire J J., 385 ; 35 L. J. M. C. 201. 3 M. & S. 127. SESSIONS AS REGARDS TIME. 11 Sessions, that has been held to mean the next practicable Sessions {h) ; and if one of the days between be a Sunday, the Court will exclude that in judging whether the next Sessions are practicable or not (Z). It has also been held that an appellant against a poor- Reasonable rate is entitled to a reasonable time before giving notice allowed of appeal, and that, as in this case one day was not a gg^gl^^g ^^ reasonable time, the appeal might be made to the second gi^e notice. Sessions ; and further that the appellant was not bound to enter and respite the appeal at the first Sessions (in). Where a Quarter Sessions is held for several divisions AJjourned by adjournment from one division to another, an appeal ^^*'*'°^^^- may be entered at the adjourned Sessions, or the next original Quarter Sessions, as the Sessions are always considered in law as one day to whatever length they may be extended by accidental causes (n). The "next" Sessions has been held to mean the next "Next" Quarter Sessions after the conviction, and not those next that after after the execution or levy of the penalty thereon, for the ^^"^'/"ot"'^ judgment and not the execution is the grievance of the execution. party (o). And this brings us to another point in deal- Sessions ing with the " next Sessions." Where the statute says "cause of the appeal shall run from the time the cause of complaint <=°™P'f,'"'' has arisen, as in the case of the removal of a pauper, which arises from the time of the actual removal to the (h) R. V. E. R. Yorks. JJ., I Qm) R. v. Surretj JJ., 6 Q. B. Doug. 183. D. 100. (0 R. V. Essex JJ., 1 B. & A. (n) R. v. Surrey JJ., 1 M. & 210 ; cited 6 Q. B. D. 100 ; where S. 479 ; and see R. v. Sussex JJ., the statutes under which an order 7 T, K. 107 ; 4 B. & S. 966 : 34 of removal was made directed the L. J. M. C. 69. appeal to the next Quarter Sessions, (o) Prosser v. Hyde, 1 T. E. that must mean the next practi- 414 ; also R. v. Femhrokeshire cable Sessions, j9er Lord Ellen- JJ., 2 East, 213; R. v. Derhj- borough in R. v. Essex J J., supra. shire JJ., 7 Q. B. 193. 12 NOTICE. place of settlement {p) ; against a poor-rate, from the publication on the parish church [q) ; against overseers' accounts, from their allowance by the justices (r). Where A limited time being given in which to appeal, (as calendar) withiu three calendar months next after such conviction), months ^}jg party is entitled to the whole time and until the allowed. . next intermediate Sessions to signify his intention (s). NOTICE. The Notice to he given on appeal varies in most statutes. Baines' Act, 12 & 13 Vict. c. 45, s. 1, the preamble to which says : " in cases of appeal- to Courts of General or Quarter Sessions it is expedient that the law should be more uniform," and then enacts tliat " in every case of appeal (except notices of appeal against a summary convic- tion, orders of removal, orders relating to pauper lunatics, orders in bastardy or any proceedings under Eevenue of Excise Acts or customs, stamps, taxes, or Post-office) to any Court of General or Quarter Sessions fourteen clear days' {t) notice of appeal at least shall be given. And such shall be sufficient notice, any Act or Acts to the contrary notwithstanding ; and such notice of appeal {p) R. V. Monmouth JJ., 1 B. (^) " Fourteen clear days " & A. 895. means that the notice is to be (g) R. V. Sussex JJ., 15 East, exclusive of the day of giving the 206. notice and of the first day of the (r) i?. V. Dorsetshire J J., 15 Sessions : Reg. v. Middlesex J J., East, 200. 2 N. S. C. 73 ; R. v. Herefordshire (s) R. V. Middlesex JJ., 6 M. J J., 3 B. & A. 581 ; but ten days' & S. 279 ; and see R. v. Essex J J., notice, as opposed to " clear " days, 34 L. J. M. C. 41. By 13 & 14 means, one day exclusive, as it Vict. 0.21, s. 4, the word "mouth" would seem of the first day, and means "calendar month" unless the other inclusive : R. v. W. R. "vvords are added to show lunar I'or^-s. Jt/., 4 B. & A. 685. 3 mouth is intended. I NOTICE. 13 shall be in writing, signed by the person or persons giving the same, or by his, her, or their attorney, on his, her, or their behalf, and the grounds of appeal shall be specified in every such notice : Provided always that it shall not be lawful for the appellant or appellants on the trial of any such appeal to go into or give evidence of any other ground of appeal besides those set forth in such notice. By the Summary Jurisdiction Act, 1879, 42 & 43 Vict. 42 & 43 Vict c 49 c. 49, s. 31, sub-s. (2), the appellant shall within the s. 31,jdos^' prescribed time, or if no time is prescribed, within seven days after the day on which the said decision was given, give notice of appeal by serving on the other party, and on the clerk of the said Court of Summary Jurisdiction, notice in writing of his intention to appeal, and of the general grounds of such appeal. Sub- sect. (7): Every notice in writing required by this section to be given by an appellant shall be in writing signed by him or by his agent on his behalf, and may be transmitted as a regis- tered letter by the post in the ordinary way, and shall be deemed to have been served at the time when it would be delivered in the ordinary course of post. By sect. 32 an appeal authorized by any past Act may be made subject to the conditions contained in sect. 31, but if such appeal is made under the conditions of the Act authorizing the appeal it is not invalid. It would appear, therefore, that the effect of these Effect of sections is as follows : — of 42 & 43 (1.) Where an Act authorizes an appeal, and the con- ditions contained in that Act be complied with, it will suffice. (See also B. v. Montgomeryshire JJ., 51 L. J. M. C. 95 ; 46 J. P. 517.) (2.) If an Act authorizes an appeal, but lays down no Vict. c. 49. 14 NOTICE. conditions, then the conditions and regulations under the Summary Jurisdiction Act, s. 31, should be complied with {u). (3.) If an Act does not authorize an appeal, but adjudges imprisonment without the option of a fine, the conditions laid down in the Summary Jurisdiction Act, 1879, s. 31, should be complied with. (See sect. 19, ])OSt.) (4.) An appeal authorized by future Acts will be governed by the Summary Jurisdiction Act, 1879, s. 31, if no time is prescribed. Lindley, J., in B. v. Shropshire JJ., 6 Q. B. D. 669 (x), said, " Two classes of past Acts are referred to in sect. 32 of the Summary Jurisdiction Act, 1879, the one giving a right of appeal simply, another giving a right of appeal under some conditions and regulations. The Act giving the right of appeal in this case is 11 Geo. 2, c. 19 (Fraudulent Eemoval of Goods), which comes within the first of the classes mentioned (as it lays down no condi- tions), so we must turn back to sect. 31 of the Summary Jurisdiction Act, 1879, which, not in terms, but by force of the words in sect. 32, relates to appeals under that class of past Acts ; but the conditions in sect. 31 have not been complied with in this case, and the justices were right in disallowing the appeal, xis to the implied repeal of 12 & 13 Vict. c. 45, s. 1 (Baines' Act), I see no incon- sistency between the two Acts ; the 12 & 13 Vict. c. 45, requires that fourteen days' notice of appeal shall be given, 42 & 43 Vict. c. 49, s. 31, sub-s. (2), that notice shall be given within seven days after the decision appealed against." (?0 li. V. Shropshire J J., 6 Q. B. D. 669 ; 46 J. P. 196. (a-) Supra. NOTICE. 15 It seems, therefore, that if an appeal is made under the Summary Jurisdiction Act, 1879, s. 31, sub-s. (1) to the Sessions holden not less than " fifteen days after the day on which the decision was given," the 12 & 13 Vict. c. 45, must be consulted so as to pay due regard to the requirements in sect. 1 of that Act, that " fourteen days' notice of appeal shall be given," taking care to give notice of appeal within seven days after the day of the decision, in compliance with the Summary Jurisdiction Act, 1879, s. 31 (2). Where it is elected to appeal under the Act autho- rizing the appeal, it will only be necessary to consult the time laid down in 12 & 13 Vict. c. 45, s. 1, and not even then if the subject-matter comes within the proviso con- tained in sect. 2, ^ost, p. 82. If the giving of the notice is prevented by the death When dis- of the party to whom it is directed, notice will be dis- Iv^th^ pensed with {ij). After an appeal is sent back on a mandamus to the No notice Sessions to be reheard, no fresh notices ought to be damurto"' given {z). Sessions. While on the subject of notices it would be as well to Where no note the notice, if any, which is required where the down by statute gives an appeal but lays down no conditions. Two cases may be cited [a), which, in consequence of the opposite nature of the decisions, did not satisfactorily settle the matter. Bayley, J., in B. v. Essex JJ., 4 B. & A. 276, remarked that it was held that " wherever the Legislature has deemed a notice of appeal to be necessary, (?/) E. V. Leicestershire JJ., 15 125. Q. B. 88 : see Service of Notice, («) R. v. Essex J J., 4 B. & A. post. 276 ; Ex parte Blues, 5 E. & B. (2) B. V. Eyre, 20 L. J. M. C. 2;il ; 24 L. J. M. C. 138, S. C. statute. 16 NOTICE. they have in express terms prescribed such notice, but here, by 50 Geo. 3, c. 48, s. 25, it is expressly provided, that any party aggrieved by the conviction who shall within fourteen days enter into a recognizance to appear at the next Sessions, shall be at liberty to appeal at the next Quarter Sessions of the Peace to be holden for the county. The Act of Parliament, therefore, does not require any notice of appeal, and inasmuch as the party convicted had entered into a recognizance to prosecute his appeal at the next Sessions, the informer must have known that it was the intention of the party convicted to appeal, and any further notice was therefore unneces- sary." But in Ex parte Blues, 5 E. & B. 291, where the appeal clause of a statute, 6 Geo. 4, c. 129, gave an appeal to the next Court ol Quarter Sessions, and also enacted that execution of the judgment appealed against should be suspended, upon the person convicted entering into a recognizance conditioned to prosecute the appeal, &c., but laid down no other conditions. Lord Campbell, C.J., said, " We are not called upon to decide what notice of appeal is required under such circumstances, but we wish that it should not be supposed that the Court acquiesce in the rule said to be laid down by Bayley, J., in Bex v. Essex JJ., that if an Act of Parliament giving an appeal against a conviction does not prescribe a notice in terms, there is no occasion to give notice of the appeal to the opposite party. It will be found that Bayley, J., does not lay down such an universal rule. In the case in which he was giving his decision the appeal was given on the express condition of entering into a recognizance, and he places weight upon that, and supposes that the Legislature, having enacted that recognizances were to be entered NOTICE. 17 into, the opposite party might obtain information respect- ing the recognizance and know when the appeal was coming on. But when an Act simply gives a power of appeal, without any condition being mentioned, this reason does not apply. For my own part, I am of opinion that it is necessary that notice should be given to the other party before an appeal can be heard." The Summary Jurisdiction Act, 1879, s. 31 (2), seems if no time to have been drawn on the lines of this decision of Lord scHbe'd. Campbell : it enacts that " any person authorized to appeal ^. ^ ^'^ by this Act (sees. 32) or by any future Act," shall within s. si. the prescribed time, or if no time is prescrihed, within seven days after the day on which the said decision of the Court was given, give notice of appeal, &c. The Act makes the same rule to apply to the other conditions precedent on appeal. This does not quite where all settle the question, for as in R. v. Essex JJ., already tionrpre- quoted, the Act laid down some conditions ; and by sect. 32 ^^^^"f^ ^^'® of the Summary Jurisdiction Act, 1879, if any appeal is quired in • 1 1 T • 1 1 • ^^^ Prin- m accordance with the conditions and regulations pre- cipal Act. scribed by the Act authorizing the appeal, so far as the same is unrepealed, such appeal shall not be deemed invalid by reason only that it is not in accordance with the conditions, $zc., contained in this Act (b) ; query where an Act laid down no notice, but prescribed other condi- tions such as a recognizance, &:c., would the provisions of the Summary Jurisdiction Act, 1879, apply to the notice given as required by sect. 31 (c). (h) B. V. Shropshire JJ., fi Q. Campbell, C.J., says it is neces- B. D., ante. sary where no notice is prescribed (c) See R. v. Essex J J., 4 B. & by the statute that notice should A. 276, ante ; Ex parte Blues, 5 be criven to the otlier party before E. Si R. 219, ante, in which Lord an appeal can be heard. C 18 XOTIC'K. Omission of The coiivictiiig justices (fZ) by some statutes are re- infoniT ° quired to iuform the party of his right to appeal, and party as to ^yi^gj-Q ^j^^g ^yas doue iu part, no mention beino; made of notice ■■• ° required, the notico required to be given, it was held that the appellant is discharged from the obligatioii of giving the notice in writing, and the Sessions are bound to hear the appeal (e). Sessions Where the words of the statute as to notice were make'^a ^'igl^^ly construcd by the appellant, they could not be ne\y- con- affcctcd by any rule of the Sessions (/). The Sessions have no right to introduce a new condition of appeal which is not in the Act of Parliament, such as requiring the deposit of the grounds of the appeal three days before the first day of the Sessions (g). When The time for notices runs from the date of the decision notice is to . p i • • be given, and uot from the service of the order of the justices {h). Where the statute lays down no time the Summary Jurisdiction Act, 1879, s. 31, sub-s. (2), may be referred to, which requires seven days' notice to be given ; but this is permissive, the words in sect. 32 being any person Reason- onaij appeal subject to this Act. Therefore it will be desirable to mention cases where the statute prescribes " reasonable " notice. Abbott, C. J., in B. v. Surrey J J., 1 Dowl. & Eyl. 160, said the reasonable notice referred to time and not the manner of the notice, and the (d) Scott V. Legg, W. N. 1877, (/) B. v. W. B. Yorks. JJ., p. 110 ; " Convicting " justices 4 B. & A. 685. means " acting." (g) B. v. Pawlett, L. E. 8 Q. B. (e) B. V. Leeds JJ., 4 T. E. 491 ; 42 L. J. M. C. 157. 583 ; also B. v. W. B. Yorks. JJ., (/;) B. v. Barnet Bural Sani- 3 M. & S. 493 ; 7 B. & C. 678 ; tarij Authority, 1 Q. B. D. 558 ; this may be waived if the party Ex parte Johnson, 32 L. J. M. C. signified that he did not mean to 193 ; B. v. Iluntingdnn JJ., N. nppeal. S. C. \0\,iwst, \^. 21. able " notice NOTICE. 19 Sessions are to determine what notice is reasonable {i), and this must depend on the usual practice of the Sessions (k). But where the Act requires reasonable notice without saying that it must be in writing, a verbal notice will suffice (?). The Court of Queen's Bench will interfere with the decision of the Sessions as to " reason- able " notice (m). An appellant against a poor-rate is entitled to a reasonable time before giving notice of appeal, to allow of his considering whether he shall appeal, and the grounds on which his appeal shall be based ; so where a poor-rate was made and allowed on Saturday the 20th of March and published the following- day, the Quarter Sessions next after the publication of the rate were held on the 6th of April ; a party desirous of appealing would therefore, if bound by law to bring his appeal to the April Sessions, have had to give notice on the 22nd of March, the day immediately succeeding that of the publication of the rate in accordance with 12 & 13 Vict. c. 45, s. 1, which requires fourteen clear days' notice to be given : held that the appeal was rightly given for the July Sessions, as one day is not reasonable time for that purpose ; and it was further held that under the circumstances they were not even bound to enter and respite the appeal at the xipril Sessions [n). Where the statute prescribes a time for appealing this must be strictly adhered to, notwithstanding any rule of the Sessions practice to the contrary (o). (0 E. V. Surrey JJ., 1 D. & R. (m) B. v. Wiltshire JJ., 10 100; 5 B. & A 539. East, 404 ; B. v. W. B. Yorks., (k) B. V. Watts, 7 A. & E. 470. 8 Q. B. 491. (0 B. V. Salop JJ., 4 B. & A. (h) B. v. Surrey JJ., 6 Q. B. D. 626 (bastardy case) ; B. v. Hunt- 100. ingdon JJ., 4 New S'ess. C. 101. (o) B. v. Staffordshire JJ., 4 19 L. J. M. C. 127. A. & E. 842. C 2 20 NOTICE. " Clear (lavs. " Imme- diate " notice. " Forth- with." "After cause of complaint shall arise." " After order made." Ten " clear " days Jias been held to mean exclusive of the day on which the notice is served, and of the first day of the Sessions (jp). Ten days, as opposed to " clear " days, means one day exclusive, as it would seem, of the first day and the other inclusive {q). Fourteen days at least means fourteen " clear " days (r). Where " immediate " notice is required it need not be given forthwith on conviction, but it must be prompt and expeditious notice to satisfy the terms of the statute, and the Court held that seven days was not prompt enough (s). " Forthwith," i^er Coleridge, J., is not to receive a strict construction like "immediately," but that the proper meaning was without any unreasonable delay, or without such delay as cannot be satisfactorily accounted for {t). Where the statute requires notice to be so many days after the cause of comj^Iaint shall arise, the appeal dates from the service of the order (u) ; and this is unlike those in which the appeal dates from the making of the order. The making of an order under 7 & 8 Vict. c. 101 (Bas- (jo) a. V. Ilerefordshire JJ., 3 B. & A. 581 ; see Roberts v. Stacey, 13 East, 21. {(I) B. V. W. B. Torks. JJ., 4 B. & A. 685; B. v. Good- enough, 2 A. & E. 465. (r) B. V. Salop JJ., 8 A, & E. 173 ; B. V. Middlesex J J., 2 N. S. C. 173 ; 3 D. & L. 109 ; 14 L. J. M. C. 139 ; Zouch v. Empsey, 4 B. & A. 522; a fraction of a day cannot be considered. (s) B. V. Huntingdon JJ., 5 D. & N. 588 ; 2 D. R. Mag. Cas. 594, S. C. : see Grace v. Clinch, 4 Q. B. 606 ; R. v. Aston, 1 L. M. P. 491 ; 19 L. J. M. C. 236 ; and B. V. Berks JJ, 4 Q. B. D. 470. (t) B. V. Worcestershire JJ., 7 Dowl. 789 ; Ex parte Lowe, 2 N. S. Cas. 331 S. C; 3D. &L.737; also B. V. Cheshire JJ., 11 Jur. 170; B. V. Bobinson, 12 A. & E. 672 ; B. V. Ely, 5 E. & B. 489. (m) B. v. Lancashire JJ., 8 B. 6 C. 593; B. V. Derbyshire J J., 7 Q. B. 198. NOTICE. 21 tardy), which re(|uires notice within twenty-four hours after the adjudication and the making of the order, dates from the time of the verbal decision being given, and not from the signing of the formal order («). In another case {y) under the same Act, where the notice given was a verbal one, Wightman, J., said that " the order when formally drawn up and signed in such terms as to make it apparently, as in the present case, a contemporaneous judgment, with that pronounced verbally and as if it had been written and signed at the moment it was pronounced, may for this purpose be in- tended to have been actually contemporaneous even if the statute by the words * making the order ' necessarily intended written order. This view is not inconsistent with R. V. Flintshire JJ., which only decided that the notice within twenty-four hours of the actual signature would suffice. Nor is there any rule of law of which I am aware, or of convenience, violated by holding that the time of the written judgment or order, when the terms are not inconsistent, relates back to the time of the pro- nouncing such judgment or order verbally, especially when, as in the present case, it was clearly intended that the written order should have relation to the time of the verbal " (y). Where the notice of appeal under 4 & 5 Vict. c. 59 (Highway Act) was required within six days after such order, judgment, or determination shall be so made or given, it was held to run from the making of the order, and not from the service (z). Also the judgment of a (») Ex parte Johnson, 32 L. J. B. 12; 36 J. P. 711. M. C. 193 ; 3 B. & S. 947 ; 9 Jur. (y) R. v. Huntingdon JJ., New N. S. 1128 ; 27 J. P. 661, S. C. ; Sess. Cas. 101. 8 L. J. N. S. 275 ; R. v. Tomlin- (z) R. v. Derbyshire JJ., 7 Q. aon, -12 L. J. M. C. 1 ; L. 1!. 8 Q. B. 193. 22 yoTicE. Notice not to be to the adjourned Sessions. Time for notice expiring Sunday. justice is the date from which a notice is to be calculated and not after the execution (a). When notice is to be given so many days before the first day of the General or Quarter Sessions, that means the first day of the Sessions at the place where they are first held in the county, not the first day of the adjourned Sessions for the division in which the appeal is to be tried (h) ; but if the county be divided into distinct divi- sions and in each division a distinct Court is held, the notice may be given to the first day of the Sessions for that division (c). If the time for giving notice expires on a Sunday and notice be given on Monday, it w^as held to be too late {d). Williams, J., said : " The question which I have to deter- mine arises upon the distinct language of a statute, and uj^on that language how can I say that this notice was given within six days ? It was indeed conceded that it was not, but it was argued that Sunday ought not to be reckoned in computation. No authority is cited in support of this argument, and in the absence of one I think the plain words of the statute are not to be got rid of " {d). In another case under the Bastardy Act, 7 & 8 Vict, c. 101, which allows an appeal to the putative father if within twenty-four hours after the adjudication he give notice to the mother, Sunday was held to be excluded in computing the twenty-four hours. Erie, J., said : " It seems to me that the case comes within the statute of (a) Prosstr v. Hyde, 1 T. It. 414. (b) B. V. Suffom JJ., 4 D. & L. 628 ; 16 L. J. M. C. 36 ; R. v. Suffolk J J., 5 D. & L. 558; 17 L. J. M. C. 143: B. V. Lanoif^hirc JJ., 34 L. T. 124. (c) B. V. Sussex JJ., 4 B. & S. 966 ; 34 L. J. M. C. 69 ; B. v. Surrey JJ., M. & S. 479. (rZ) B. V. MiddJesex JJ., 2 Dowl. N. S. 719. NOTWK. 23 Charles [e), and that the notice is very much in the nature of a process. The service of a dechiration in ejectment is strongly analogous, for that is an act done between the parties, and without interference on the part of the Court." A notice of appeal is a notice of what one Court has decided and which authorizes another Court to jDi'oceed (/). The notice need not be in writing, a verbal notice will Kind of suffice, unless the statute directs otherwise. Where in an appeal under the present Bastardy Act a notice was given by the attorney for the appellant, in his wiien presence, this was held to be a good notice {g). And where reasonable notice was required, this need not necessarily be in writing (li). So in the previous Bastardy Act, 49 Geo. 3, c. 68, which required notice of the intention to appeal and also of the cause and matter thereof, the Court held that the Sessions could not impose a condition requiring that all such notices should be in writing (i), Baines' Act, 12 & 13 Vict. c. 45 (which does not affect 12 & 13 notices against a summary conviction or against orders .jysf'p'gi! of removal, bastardy, or proceedings under excise stamp taxes or post office), enacts that the notice of a})peal shall be in writing. The Summary Jurisdiction Act, 1879, also says that ^2 & 43 . . , . . . Vict. c. 49, the notice is to be 111 writing. s. 31 (7),. post. (e) 29 Car. 2, c. 7, s. G, which 127, S. C. ; li L. T. 491 ; 14 J. P. prohibits service of a process on 223; B. v. Salo/) J J., 4 B. & A. Sunday. 626. (/) B. V. Middlesex JJ., 6 D. (h) B. v. Surrvi/ JJ., 5 B. & A. &L. 580; 3N. S. C. 152, S. C. ; 539. 17 L. J. M. C. 111. (0 B. V. Mo}) JJ., 1 B. k A. (^) B. V. Huntingdonshire JJ., 626. 1 N. S. 0. 101 : 19 L. J. M. 0. 24 NOTICE. A printed notice is sufficient to comply with the terms of a statute requiring notice in writing (Jc). Description Where the statute gives a right of appeal to a person iants! ^ i^ office, the notice should describe the appellant as the holder of such an office. And if the appeal is by a party aggrieved it must be so stated in the notice (Z). Description The notice should be directed to the parties described ents!^^°^ ^y the particular statute. If directed to magistrates their names and office of justices for the county, borough, &c., should be stated. If by or to parish officers, describ- ing them as churchwardens and overseers without naming them (m), A railway company addressed " The B. & C. Kailway " was held good, there being evidence from which it might be inferred that the notice had come before the directors {n). Description If the noticc givcs a misdescription of the Sessions so that the other side cannot be misled, this may be treated as surplusage (o). Notice to By 12 & 13 Vict. c. 45, s. 1 {])), the grounds of apj)eal grounds. ^^'6 to be Specified in every notice, and on the trial the appellant cannot go into or give evidence of any other ground besides those set forth in the notice. This does not affect notices against summary convictions and certain other matters enumerated in sect. 2, 'post. 42 & 43 By the Summary Jurisdiction Act, 1879, the notice is 8. 31 (2), ' to contain the general grounds of appeal. Where the post. (k) Schneider v. Norris, 2 M. & (n) Eastham v. Blackburn S. 286. Huilway, 9 Exch. 758. (V) R. V. W. R. Yorhs. J J., {<>) B. v. Liverpool Recorder, 7 B. & C. 678 ; R. v. Essex J J., 15 Q. B. 1070; R. v. Buckingham 5 B. & C. 431. J J., 1 E. & 13. 259 ; 24 L. J. M. C. (m) Dick. Quarter Sessious, 15. 6^3, 6th cd. (l>) Post, \k 81. NOTICE. 25 statute uuder which it is sought to appeal is not governed by this Act and does not require the grounds to be stated, these need not be given. But if the notice Respond- _ ents misled contains things which are not so, the Sessions ought to by grounds adjourn the appeal if they think the respondents have not so. been misled by the terms of the notice ; for the grounds should be stated in a specific manner, so that the objec- tions raised may be known to the justices and parties concerned before the apjjeal comes on for hearing {q). And where a statute, as the Vagrant Act (5 Geo. 4, Grounds on . . . p , . appeal c. 83, s. 14), required a party to give notice oi appeal m against a convie- writing and of the ground thereof; the appellant, who ^■^^^^■, had been convicted as a rogue and vagabond for wilfully and obscenely exposing himself in a public place with intent to insult females, gave notice of appeal stating as a ground that he was not guilty of the offence. This was held to be a sufficient notice as it meant that all the ingredients of the offence were disputed {r). A notice under the late Bastardy Act, 49 Geo. 3, c. 68, stating an intention to appeal against an order whereby an appellant was adjudged to be the father of a female bastard child born of the body of E. R. and chargeable to the parish of S., was held insufficient, as a mere recital in the notice of the order or its substance without describing the intended objection will not suffice (s). And where in an appeal against overseers' accounts under 41 Geo. 3, c. 23, which required the particular causes or grounds to be stated, a notice was held bad because it (q) R. V. Westmoreland, 10 V>. (.s) It. v. Ox/oi'dshcre JJ., 1 B. & C 226 ; R. v. Derby Recorder, iV U. 279; but under the present 20 L. J. M. C. -i-i. Bastardy Acts a verbal notice is (r) R. V. Newcustle-on-Tyne sufliuient: see onie, p. 21. JJ., I h. & A. \)'S3. 26 NOTICE. (lid nut state the grounds upon which tlie objection to the accounts was made [t). And where in an appeal against a rate for a defect on the face of it, the notice did not contain an objection specifying the defect, the appeal cannot be heard {u). Ameud- An attorney for the appellant may amend an informal informal noticc by inserting mere corrections, to carry out the notiw. original jJurpose for which the notice was signed without express warrant or fresh signatures {x). Signature The notice may be signed in the appellant's name by to notice. ,iii i- • ^ i ■^^ ■< ^ • / \ the clerk to his attorney with the appellant s authority {y). 4-2 & 43 Under the Summary Jurisdiction Act, 1879. it is to be Vict c 49 . s. 31 (7), ' signed by the appellant or by his agent on his behalf. i^o.t. gy Baines' Act, 12 & 13 Vict. c. 45, s. 1, it must be signed by the persons giving the same or by their at- torney on their behalf, but by sect. 2 this provision is not to affect or alter the law as to notices of appeal against a summary conviction, orders of removal of paupers or lunatics, orders on bastardy or against the Revenue Acts Joint or Post-ofiice. Where a cause is joint the parties may all cause. ... . . . , . join 111 giving notice (z). By parish Notico of the grouuds of appeal against an order of removal has been held to be well given if signed by the majority of the parish ofBcers {a), and it lies on the other side to show that the persons giving it were not really a majority competent to do so (h). Service of Tlic uoticc should bc givcu to the justices and to the notice. (0 i?. V. Sheard, 2 B. & C. 856. {z) It. v. White, 4 T. K. 771 ; (it) i?. V. Bromyard, 8 B. & C. It. v. Oxfordshire J J., 4 Q. B. 177. 240; 2 M. & E. 280. {a) R. v. Warioichshire J J., (x) It. V. Somersetshire J J., 2 6 A. & E. 873. New S. C. 645. {h) R. v. W. It. Yorks. JJ., (y) It. V. Kent JJ., 8 Q. B. o D. & L. 152. 505. NOT WE. 27 persons who set them in moti(jn ; if the statute is silent upon tJio subject (c), the service of a notice upon th(! clerk to the justices in their presence is sufiicient {d), but service on the clerk out of Court is not good service (e) ; and if two justices make a conviction, notice must be given to each (/). If the api)eal is made under the Summary Jurisdiction 42 & 43 Act, 1870, the notice is to be served on the clerk of the s. ■.',\,poHt. Court of Summary Jurisdiction, and may be transmitted as a registered letter by post in the ordinary way, and be deemed to have been served at the time when it would be delivered in ordinary course of post. And where under 14 & 15 Vict, c, 105, s. 10, which allows any notice against an order of removal to bo sent by post or otherwise, it has been held that the notice is given not on the day of posting, but on the day on which by the ordinary course of post it should rcacli the party to whom it is directed, though in fact it arrive on a later ) R. v. Hedim/ham, Sible, mondsey, 2 N. S. C. 245 ; Ex parte Burr. S. C. 112 ; Cochfield v. Box- Carty, L. R. 3 Q. B. D. 13 ; 47 L. J. stead, 2 Salk. 477. M. C. 35 ; 37 L. J. 533. A man- (c) South Cadbury v. Braddon, damus should be applied for in 2 Salk. 607. the next term after the Sessions : (d) B. v, Wheelock, 5 B. & C. B. V. W. B. Yorks. JJ., 1 C. & P. 511 ; if the Sessions make a special 706; B. Y. Bichnond, 27 L. J. entry erroneously a mandamus will M. C. 197. The api>lication for not lie to compel them to erase it : costs in obedience to a writ should Ex parte Ackworth,3 Q. B. 397 ; , be made within two terms after 1 D. & L. 718, S. C. the hearing: B. v. Kent JJ., 36 (e) B. v. Yeoveley, 8 A. & E. L. J. M. C. 130. 806 ; see also B. v. Ward, 6 C. & (a) Battersea v. Westham, 5 P. 366, cited. JUDGMENT OF THE SESSIONS. 61 decide (/), but tliey may, after referring the dispute to a committee of their own body by consent, adopt the report without further exercising their own judgment {g). Also, per Lord Hardwick, C.J. (h), where an appeal is Sessions lodged at the Sessions it is necessary that they make a judgment direct and final iudgment, and they cannot refer it to the ^*^^°" f*'' JO' •' ferred to a judges of assize for their judgment. Superior The Sessions must first determine the matter before referring to the Queen's Bench (i). So where the Sessions stated a case for the opinion of the High Court as to the settlement of a pauper, and the case signed as usual by counsel and chairman, had the following paragraph : " If the Court should be of opinion that the appeal ought to have been quashed, judgment for the appellants to be entered accordingly at the next Quarter Sessions." The Court, before hearing counsel, dismissed the appeal and affirmed the order, holding that the Quarter Sessions ought not to state anything about afterwards entering the appeal at the Sessions, as if the whole jurisdiction rested with them, and an opinion only was asked from the High Court. The statement of the After case case was, however, an end of the jurisdiction of Sessions, i-isaLtwii which had nothing further to do with the matter : Reg. v. ^^ ^^ ^^^' Headifigton Union, 47 J. P. 756. By 12 & 13 Vict. c. 45, ss. 12-16 (Baines' Act) (k), reference may be to arbitration (except against a sum- (/) R. V. Townsend, 16 Vin. Burr. Sett. Cases, 112. Abr. 417; 2 Nolan's Poor Law, (/) B.v. Stoke-on-Trent, 5 Q.B. 4th Ed. 468. 303 ; see also Anon. Salk. 486, (g) E. Y. Northampton J J., Ca\d. cited B. v. Heading, case temp. Sett. C. 30 ; B. v. Natland, Burr. Hardwick ; i?. v. Sutton Coldfiehl, Sett. Cases, 793 ; R. v. Harding, W. N. 1874, p. 29 ; L, R. 9 Q. B. 2 Salk. 477. 153. (/;) R. V. Hedingham, SibJe, (k) Post, i>. 8". 62 PRO CED USE AT Q UA R TER SESSIONS. mary conviction, or an order in bastardy, or any proceed- ing under or by virtue of any of the statutes relating to Her Majesty's Revenue of Excise or Customs, stamp, taxes, or post-office), and every such award is as binding as if the same had been a regular judgment of the Ses- sions, and may, on application of either party, be enrolled among: the records of such Sessions. ( 63 ) CHAPTER III. ENFORCING JUDGMENT OF THE SESSIONS. The statute under which an appeal is made generally directs the way the Sessions are to proceed where they have determined the matter. Convictions, if confirmed, are usually referred back to Convic- the Court of Summary Jurisdiction with an indorsement firmed""" by the Clerk of the Peace for the justices to carry out the judgment of the Sessions. The 11 & 12 Vict. c. 43, s. 27, enacts that after an ii & 12 appeal against any such conviction or order as aforesaid g '27 ^ ' shall be decided, if the same shall be decided in favour (/"-vis's Act). of the respondents, the justice or justices who made such conviction or order, or any other justice of the peace of the same county, riding, division, liberty, city, borough, or place, may issue such warrant of distress or commit- ment as aforesaid for execution of the same as if no such appeal had been brought (post.) The Summary Jurisdiction Act, 1879, s. 31, sub-s. 5, 42 & 43 says that the Court of Appeal may remit the matter to s.%{,^post. the Court of Summary Jurisdiction, or make any order the Court thinks just, and may by such order exercise the powers of a Court of Summary Jurisdiction, which order may be enforced in the same manner as if it had been made by the Court of Summary Jurisdiction (a). (a) The Summary Jurisdiction 300 ; 44 J. P. 248 ; 49 L. J. M. C. Acts do not apply to poor-rates : 49, but they do apply to revenue Beg. (Ex parte St. Mary, Ming- and bastardy cases : see ss. 53-4, ton, Vestry) v. Price, 5 Q. B. D. 42 & 43 Vict. c. 49, post. 64 COSTS. Sub-s. 6 enacts that if the decision is not confirmed the Clerk of the Peace shall send a memorandum to the Clerk of the Court of Summary Jurisdiction for entry in his register, and an extract from such register with the memorandum added shall be sufiBcient evidence of each conviction or order. 12 & 13 Vict. c. 45 (Baines' Act), s. 18, states that orders of Sessions may be enforced through the Court of Queen's Bench or a judge at Chambers upon application by the person entitled. A copy of the order is to be ob- tained from the Clerk of the Peace, and the refusal or neglect to obey such order is to be proved. The order is then to be of the same force and effect, and may be enforced in the same manner as a rule made by the Queen's Bench. All reasonable costs can be recovered as part of the order. A certiorari need not issue to remove an order under this section to the Queen's Bench (5), but it may be objected to by the person against whom it is to be en- forced, although the certiorari is taken away (c). COSTS. The power of the Court of Quarter Sessions to grant costs is not of common law right, and is generally con- ferred by the particular statute under which a party is authorized to appeal. 12 & 13 By the 12 & 13 Vict. c. 45, s. 5 (a) the Sessions may Vict. c. 45, Baines' Act. (V) Haii'lcer v. Field, 20 L. J. slioiild be done and part payment M. C. 41. of costs, R. V. Huntly, 3 E. & B. (c) B. V. Hellier, 17 Q. B. 229; 172; Ex parte Overseers of Fletton, 21 L. J. M. C. 3 ; R. v. Hyde, 2 29 L. J. M. C. 205. E. & B. 952 ; 21 L. J. M. C. 94 ; (a) Post, p. 83. as to the time within wliich this COSTS. &5 direct the party {h) against whom the ap]3eal is decided to pay such costs a» such Court deems reasonable and just, to be recovered under 11 & 12 Vict. c. 43, s. 27, post ; and by sect. 6 of the same Act any Court of General or Quarter Sessions, upon proof of notice, though the appeal was not afterwards prosecuted ot entered, may at the same Frivolous ..-■■. apt>i;als. time order to the party or parties receiving the notice, such costs as the Court deems just and reasonable, recoverable under 11 & 12 Vict, c- 43, s. 27, Jervis's Act, ]OOSt. Where the iiiformant did not appear to support a con- justices viction under the Vagrant Act, and the Sessions quashed ^°^, ^^^^^ the conviction, it was held that the Sessions might award costs against the person prosecuting the' appeal, but not against the convicting justices (c). The Sessions must Amount to ascertain the amount of costs, and enter the sum in the tamed. order at the same Sessions (d). The Clerk of the Peace is to ascertain the amount of costs, and the Court may adopt his finding and enter it in the judgment (e). The finding as to costs may be declared on the adjourn- ment day, and the adjournment may be for that pur- pose (/). The costs may be taxed by consent after the How taxed. Sessions are over [g). There may be a standing order of standing order as to (V) A " party " means the in- P. C. 26. costs. furmantor defendant: R. v. Smith, (/) E. v. Bolton, 11 Q. B. 379 ; 29 L. J. M. C. 216; R. v. Eanti R. V. Hants JJ., 83 L. J. M. C. JJ., 1 B. & A. 659. 104 ; Freeman v. Read, 30 L. J. (c) R. V. Purdey, 34 L. J. M. C. M. C. 123 ; Rawndey y.Hutchin- 4; R. V. GoodaU, L. R. 9 Q. B. son, 40 L. J. M. G. 97; L. R. 6 557. Q. B. 305 ; 23 L. J. 843 ; 19 W. R. (d) R. V. Norfolk J J., 2 B. & A. 436 ; R. v. Phillips, 29 L. '\\ 100. 944 ; Sellwood v. Mount, 1 Q. B (jg) R. v. Shrewsbury and Ilere- 726, 735; Freeman v. Read, 30 ford Railway Company, 25 L. 'V. L. J. M. C. 123 ; R. v. Sweet, 9 E. N. S. 65 ; 19 J. P. 274 ; Freeman 25. V. Read, 9 C. B. N. S. 301 ; 30 L. J.- (e) Ex parte HoUoway, 1 Dowl. M. C. 125. F 66 RECOVERY OF COSTS. liabl Quarter Sessions that costs shall follow the event of their judgment, unless the justices who hear the appeal shall Crown not order to the contrary (Ji). The Crown is not bound by a statute without express words, so costs cannot be given where an information is by an excise officer (*). A case was granted by Sessions after confirming an order, upon the matter being remitted again to the Sessions, the Court has no power to make an order as to costs, as that should have been done at the hearing of the appeal {j). A party cannot prevent the hearing of an appeal by objecting to the notice, and at the same time to treat the case as heard so as to give the right to costs (h). The amount of costs is for the Sessions to decide (J), but the Court should consider the merits of every case and not lay down a fixed rule ; in that event a mandamus will lie to compel the Court to exercise a discretion {in). The order should direct payment of the costs to the Clerk of the Peace, notwithstanding a recognizance has been entered into {n). The Sessions decide the amount. RECOVERY OF COSTS. Recovery of costs. The 11 & 12 Vict. c. 43 (Jervis's Act), s. 27, enacts 11 & 12 *^^* after an appeal against a conviction or order shall be Vict. c. 43. decided, if the same shall be decided in favour of the respondents, the justices who made the conviction or (Ji) Freeman v. Read, 9 C. B. N. S. 301 ; 30 L. J. M. C. 125. (0 R. V. Beadle, 7 E. & B. 492. (y) R. V. Staffordshire J J., 26 L. J. M. C. 179 ; 7 E. & B. 935 ; R. V. Hants J J., 33 L. J. M. C. 104. {k) R. V. Lord Eastings, 6 Q. B. 141. (0 R. V. Nottingham JJ., 1 Sess. Cas. 422. (m) R. V. Merioneth JJ., 6 Q. B. 163; R. V. Glamorganshire JJ., 19 L. J. M. C. 172. (n) Oay v. Mattliews, 33 L. J. M. C. 14 ; 7 L. T. (N.S.) 504, 8 L. T. (N.S.) 674; Freeman v. Read, 30 L. J. M. C. 123 ; 7 Jur. (N.S.) 546 ; 25 J. P. 87. RECOVERY OF COSTS. 67 order or any other justices may issue a warrant of distress if convic- or commitment for execution of the same, as if no such continued, appeal had been brought ; and if the Quarter Sessions igsue shall order either party to pay costs, such order shall jjsl^eTs* ° direct such costs to be paid to the Clerk of the Peace to costs to be be paid over to the party entitled, and shall state within Qgi.j! "f what time such costs shall be paid ; and if not so paid, the Peace. and the party ordered to pay shall not he bound hu ami if P^^'ty ^ •! i- -I J J Qot bound recognizance to pay such costs, such Clerk of the Peace by recog- T . 1 .,, .^ , , nizance to upon application shall grant a certincate that such costs pay costs, have not been paid, and uj)on production of such certifi- cate to a justice he shall enforce the payment by warrant justice to of distress, and in default of distress he may commit the p°y°^ent of party against whom the warrant shall be issued, for any *^°f*^ °° time not exceeding three calendar months (o), unless the of certi- amount of such costs, and all costs of distress and com- cieik of mitment and conveying to prison, if such justice thinks '^^^^' fit so to order, shall be sooner paid. By sect. 35 of the same Act, nothing in the Act is to ii & 12 extend to removal of poor persons or lunatics, or to any ^^^ [^'^y.. ' proceedings under the statute relating to revenue of ^^^^ ^° „ excise or customs, stamp, taxes, or post-office (0). removals, Where an appeal against a poor-rate was decided in favour of the party appealing, the costs are not to be re- covered under 11 & 12 Vict. c. 4H, s. 27, as that Act only relates to convictions and orders, and does not extend to poor-rates (jj). (o) These costs are now to be tions and complaiuts before a enforced as civil debts, ^.e. a j 11 dg- Court of Summary Jurisdiction ment summons must issue before under the Statutes relating to commitment, see 42 & 43 Vict. c. H. M. Revenue and PosL-office. 49, ss. 6, 47, jjost. Same Act, by As to Bastardy, see s. 54. s. 53, post, extends the Summary (p) R. v. Huntly, 3 E. & B. Jurisdiction Acts to all informa- 172 ; 23 L. J. R. (N.S.) M. 0. 106 ; F 'A Poor rates. 68 RECOVERY OF COSTS. , But where the Court, in an appeal against a poor-rate, gave costs under 12 & 13 Vict. c. 45, s. 5 (q), such costs were held to be recoverable in the way pointed out by 11 & 12 Vict. c. 43, s. 27. Costs If the statute under which the appeal is made is one TtaUites previous to 11 & 12 Vict. c. 43, and does not come within pieyious to ^j^^ exccption contained in sect. 35, costs are to be re- 11 & 12 ^ ' Vict. c. 43 covered under 11 & 12 Vict. c. 43 (r), as sect. 36 of that Act Act). repeals all Acts and parts of Acts inconsistent with the provisions of that Act (s) ; but if the order, &c., is within the exceptions mentioned in sect. 35, the costs may be covered under the Act authorizing the appeal (t). By 12 & 13 Vict. c. 45 (Baines' Act), s. 5 (w), the Sessions may order such costs as they see fit to either party, and such costs are to be recovered under 11 & 12 Vict. c. 43, s. 27, supra. An order of the Sessions as to costs may be enforced under 12 & 13 Vict. c. 45, s. 18, post, i.e. by the Queen's Bench or a judge at Chambers (.x). Estreating Where a recognizance was entered into to prosecute an zam;e°(^). appeal agaiust a conviction, and afterwards the appellant abandoned such appeal, it was held that there was no R. V. Binney, 1 E. & B. 810 ; 22 Jurisdiction. L. J. K. (N.S.) M. (J. 127; 17 Jiir. (?) Fost, p. 83. 854 ; 17 J. P. 440 ; R. v. Ely J J., (r) See note (o), mite, p. 67. 5 Q. B. 489 ; it hR& also been decided (s) -S- v. Hellier, 17 Q. B. 229 ; tliat tlie Summary Jurisdiction 17 A. & F. 229; 21 L. J. N. S. Act, 187y, does not apply to poor- M. C. 3 ; 15 J. P. 675. rates ; see R. (Ex parte St. Mary, (0 R- v. Huntly, 3 E. & B. 172, Islinyton, Vestry) v. Price, b Q. B. supra ; R. v. Binney, 1 E. & B. D. 300 ; 44 J. P. 248 ; 49 L. J. 810, supra. M. C. 49 ; Cockburn, C.J., said, (m) Post, p. 83. " in granting a distress warrant for {^) -S- v. Huntly, 3 E. & B. 179. a rate justices act ministerially, {y) The recognizance is es- and not as a Court of Summary treated under 3 Geo. IV. c. 46, RECOVERY OF COSTS. 69 power to award costs ; the proper way being to estreat the recognizances (z). And it seems that if a recognizance is entered into, the party having the right to costs may estreat the recognizance (under 3 Geo. IV. c. 46, jJost. See also note (y), supra), instead of proceeding under the statute 12 & 13 Vict. c. 45, already quoted (a). The party against whom the order for costs is made, may also be indicted for misdemeanor and punished for contempt in disobeying the order (h). Costs ordered by 12 & 13 Vict. c. 45, s. 5, post, and re- Costs are coverable under 11 & 12 Vict. c. 43, s. 27, ante, have as civil been held to come within the second exception of the Debtors Act, 1869 (32 & 33 Vict. c. 62, s. 4). which excepts any sums recoverable before a justice, and therefore costs are not to be treated as debts under that Act, but may be enforced by distress and commitment where a recogni- zance has not been entered into to pay costs (c). Now by the Summary Jurisdiction Act, 1879, s. 6, post, 42 & 43 v. where a sum of money claimed to be due is recoverable ^,4^. ' * on complaint to a Court of Summary Jurisdiction and not on information, such sum shall be deemed to be a civil debt (as to the distinction between an "information " and a "complaint," see 11 & 12 Vict. c. 43, s. 1, Jervis's Act), and if recovered before a Court of Summary Juris- diction, shall be recovered in the manner in which a sum post. The Summary Jurisdiction As to estreating recogiiizanctf, see Act, 1879, s. 9 (post), only applies note (y), supra. to recognizances conditioned lor (a) R. v. Huntly, 3 K. & B. doing some matter or thing done 179. before a Court (*f Summary Juris- (b) R. v. Mortlock, 7 Q. B. 459 ; diction, therefore a recognizance see also Dick. Q. S. 6th Ed. p. to prosecute an appeal caiuiot be 659. enforced under thai Act. (c) R. v. Pratt, L. R. 5 Q. B. (2) R. V. Bolton Recorder, 18 176; .39 L. J. M.C. 73; 18 W. R. L. J. M. C. 139; 2 D. & L. 510. 626. 70 RECOVERY OF COSTS. declared by this Act to be a civil debt recoverable sum- marily is recoverable under this Act, and not otherwise, and the payment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt and not otherwise : and section 47 says that the provisions of this Act with respect to a sum adjudged to be paid by an order shall apply, so far as circumstances admit, to a sum in respect of which a Court of Summary Jurisdiction can issue a warrant of distress without in- formation or complaint under the Summary Jurisdiction Act, 1848 (see 11 & 12 Vict. c. 43, s. 27), in like manner as if the said sum were a civil debt. It would seem therefore that costs are to be recovered as civil debts. (For procedure see s. 35, post.) ( 71 ) CHAPTER IV. STATING A " CASE " FOR THE OPINION OF A SUPERIOR COURT ON A POINT OF LAW. (a) Though perhaps not within the scope of this work, which is only intended to be a book of reference and guide to parties desirous of informing themselves without delay as to whether they have a right of appeal to the Quarter Sessions, yet it was felt that some mention should be made to the power of justices to state a case for the opinion of a superior Court on a point of law. The Acts relating to this form of appeal are 20 & 21 Vict. c. 43 ; 42 & 43 Vict. c. 49, s. 33, post (the Sum- mary Jurisdiction Act, 187U) ; and 12 & 13 Vict. c. 45, s. 11, post. The 20 & 21 Vict. c. 43, is intituled " An Act to improve 20 & 21 the administration of the law so far as respects summary proceedings before justices of the peace," and enacts, II. After the hearing and determination by a justice or Justices on justices of the peace of any information or complaint of a party which he or they have power to determine in a summary tf^||^'je'^a way, by any law now in force or hereafter to be made, case for tho opinion of either party to the proceeding before the said justice or Superior justices may, if dissatisfied with the said determination as being erroneous in point of law, apply in writing within three days after the same to the said justice or justices, to state and sign a case setting forth the facts and the grounds of such determination, for the opinion thereon of («) For Form of Special Case see pp. 266, 267. 72 STATING A CASE. oije of tlje Superior Courts of la\v to be named by the party applying ; and such party, hereinafter called '' the .appellant, ' shall within three days after receiving such case, transmit the same to the Court named in his appli- .cation, first giving uotice in waiting of such appeal, with a copy of the case so stated and signed, to the other party to the proceeding in which the determination was given, hereinafter called " the respondent." Justices cannot state a case upon a question of fact: New- man v. Baker, 8 C. B. (N.S.) 200, s. 2 ; see also Belasco v, Kunnant, 31 L. J. M. C. 225 ; Taylor v. Oram, 31 L. J. M. C. 252 ; they a" e only to do so when there are disputed questions of law : B. V. Yeomans, 1 L. J. (N.S.) 169 ; 24 J. P. 150 ; the question is not whether the justices came to a right conclusion, but whether there was a"y evidence in suj)port of that conclusiun : Green v. Pensam, 22 J. P, 727. The Court will not give an opinion except on the questions afsked in the special case : St. James, Westminster v. St. Mary, Battersea, 29 L. J. (N.S.) M. C. 26 ; 6 Jur. (N.S.) 100 ; and will only answer the questions put to them by the magistrate : BucTcmaster v. Beynolds, 13 C. B. (X.S.) 62 ; but the question miist not merely be one of fact, although the j 'stices may risk whether the facts stated will warrant the finding which ihey made : B. v. Pilkington, 13 L. J. M. C. 64 ; 8 J. P. 724; 5 Q. B. 669, in which Lord Denman, C.J., said " if the Sessions mennt to find the fact on the evidence, and to ask us only Avhether the evidence warranted such finding, they have done properly in sending the case to us, but they have done wrong if they meant to ask us to find the fact." Justices have no power to state a case as regards the validity of a rate, as they have no summary jurisdiction in the matter of rates, their duties being merely ministerial : Ex parte May, 31 L. J. M. C. 161 ; 26 J. P. 340; B.\. Bradshaw, 29 L. J. M. C. 176; 6 Jur. 629. A justice cannot refuse to >tate a case on the ground that the objection had not been raised by either party, as he is bound to know the law and act upon it if he sees the existence 20 & 21 VICT, a 43. 73 of a,ny fatal objection: Ex parte Markham, 21 I^. J. 748 ; 39 J. P. 150 ; but see B. v. Rutland JJ., 1 3 L. J. (N.S.) 722. No point can be stated which was not raised before the justices. PurJcis V. Huxtable, 28 L. J. M. C. 221 ; 5 Jur, 790 ; 23 J. P. 197; Motteram v. Eastern Counties By. Co., 7 C. B. (N.S.) .58. Tlie justices cannot state a case which they decline to hear for want of jurisdiction : per Blat-kburn, J., " I think nothing can be clearer than that justices made a mistake in granting the case, as the statute 20 & 21 Vict. c. 43, does not apply. The justices, when the question of jurisdiction was raised before them, decided, rightly or wrongly, that they had no jurisdiction. If they were right, then the parties can only go and renew the information before other justices who are not interested. If they were wrong, then the remedy is to apply for a rule under Jervis's Act, commanding them to hear and determine the case. There was no need of a case to be stated under 20 & 21 Vict. c. 43, to raise the point of law regarding the interest of parties. The Act 20& 21 Vict. c. 43, was only intended for those cases where toimerly there was no means of bringing the matter otherwise before the Superior Court, but it was never intended to decide in this way a question of jurisdiction. The parties have mistaken their remedy " : Wakefield v. West Biding JJ., 30 J. P. 389 ; 12 Jur. 936. Where, however, the justices have heaid the case and determined to dismiss the information on the ground that they have no jurisdiction, they may state a case. See Muir V. Hoare, 47 L. J. M. C. 17 ; 13 L. J. 315. See also Summary Jurisdiction Act, 1879, s. 33 (1), post. A case can be stated under this section in the event of an acquittal as well as of a conviction : Davys v. Douglas, 28 L. J. M. C. 125 ; 32 L. T. 283 ; 23 J. P. 1.^5. W here a party has the right of appeal the justices have no power to state a case : B. v. Gloucestershire JJ., 29 L. J. M. C. 117 ; 1 L. T. 294; 24 J. P. 263 ; 2 E. & E. 420. And where by the rules of a friendly society disputes are to be referred to justices pixrsnant to 21 & 22 Vict. c. 101, s. 5, there is no power to state a case under this Act : Callnghnn v. Dolwin, 74 STATING A CASE. L. R. 4 C. P. 288; 38 L. J. M. C. 110, overruling Watta v. Kent J J., 35 L. J. M. C. 190 ; L. R. 1 Q. B. 388. Three days means the first day exclusive and the last in- clusive : B. V. Yorlcs. {W. B.) JJ., 4 B. & A. 685; B. v. Goodenough, 2 A. & E. 465. Sunday, when it is the last of those days, is not excluded : B. v. Peacock, 27 L. J. C. P. 224 ; 31 L. T. 101 ; 4 C. B. 264; 22 J. P. 403. If the respondent does not appear at the hearing, the appel- lant must show that the decision of the justices was wrong : Syred v. Carruthers, 27 L. J. M. C. 273 ; 23 J. P. 37 ; 1 E. B. & E. 469. When the case is stated and signed it must be transmitted to the Cuurt within three days after it is received from the justices, or it will become wholly inoperative. The appellant cannot gain a further period of three days if he induce the justices to take back the case and amend it : Gloucester Local Board of Health v. CJiandler, 32 L. J. M. C. 66; 7 L. T. 722; 27 J. P. 88. Security III. The appellant, at the time of making such appli- to be given cation, and before a case shall be stated and delivered to a^ dfant ^^^ ^J ^^^ justlcc Of justices, shall in every instance enter into a recognizance, before such justice or justices, or any one or more of them, or any other justice exercis- ing the same jurisdiction, with or without surety or sureties, and in such sum as to the justice or justices shall seem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the Superior Court, and pay such costs as may be awarded by the same ; and the appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the clerk to the said justice or justices his fees for and in respect of the case and recognizances, and any other fees to which such clerk shall be entitled, which fees, except such as are already provided for by law, shall be according to the Schedule to this Act an- 20 & 21 VICT, a 43, S. 4. 75 nexed marked (A.) until the same shall be ascertained, appointed, and regulated in the manner prescribed by the statute eleventh and twelfth Victoria, chapter forty-three, section thirty ; and the appellant, if then in custody, shall be liberated upon the recognizance being further conditioned for his appearance before the same justice or justices, or, if that is impracticable, before some other justice or justices exercising the same jurisdiction who shall be then sitting, within ten days after the judgment of the Superior Court shall have been given, to abide such judgment, unless the determination appealed against be reversed. The appellant need not enter into a recognizance simul- taneously with his application for a case, but may do so at any time during the three days allowed : Chapman v. Bobin- 8on, 28 L. J. M. C. 30 ; 1 E. & E. 25 ; 32 L. T. 89 ; 23 J. P. 228. It is sufiScient if he do so between the time of apjol^'ing for and stating the case : Stanhope v. Thorshy, 12 Jur. 374 ; 35 L. J. M. C. 182; L. E. 1 C. P. 423. IV. If the justice or justices be of opinion that the Justices application is merely frivolous, but not otherwise, he or a case^ "^ they may refuse to state a case, and shall, on the request ^^'ink^ti'^^^ of the appellant, sign and deliver to him a certificate of application such refusal ; provided, that the justice or justices shall not refuse to state a case where application for that pur- pose is made to them by or under the direction of Her Majesty's Attorney-General for England or Ireland as the case may be. An application for a rule calling upon justices to show cause why a case should not be stated under 20 & 21 Vict. c. 43, should be made to the Queen's Bench Division of the High Court of Appeal, and not to the Divisional Court of 76 STATING A CASE. Appeal : Be EUershaiu J J. of Leeds, Ex parte Longhottom, L. E. 1 Q. n. U. 481 ; 40 J. P. 342. A defendant was charged with comnaitting an obstruction under 11 & 12 Vict. c. 63, s. 143 (Public Health Act), and it was argued on his behalf that the obstruction took place in the assertion of a private right. The justices dismissed the charge and refused to grant a case, and certified that the application was frivolous. The Court held that it was not so, and oidered them to state one: Pollard v, YorJcs. (TF. i?.) JJ., 14L. T. (N.S.) 599. V. Where the justice or justices shall refuse to state a .se as aforesaid, it shall be lawful for the appellant to apply to the Court of Queen's Bench upon an affidavit of order a case to be stated. Where the refuse,\he ^^^^ '^^ afoicsaid, It shall be lawful for the appellant to Court of Queen's Bench may the facts foi a rule calling upon such justice or justices, by rule and also upon the respondent, to show cause why such case should not be stated ; and the said Court may make the same absolute or discharge it, with or without pay- ment of costs, as to the Court shall seem meet, and the justice or justices upon being served with such rule absolute, shall state a case accordingly, upon the appel- lant entering into such recognizance as is hereinbefore provided. A judge at Chambers may grant a mandamus : Ex parte Smith, 27 L. J. M. C. 186. The Court will nut interfere where the objection is that the justices improperly received evidence : Beg. v. Macclesfield JJ., 2 L. T. 352. Superior Court to determine the ques- tions on the case. VI. The Court to which a case is transmitted under this Act shall hear and determine the question or questions of law arising thereon, and shall thereupon reverse, affirm, or amend the determination in respect of which the case has been stated, or remit the matter to the justice or justices, with the opinion of the Court thereon, or may make such amend- ment. 20 & 21 VICT, a 43, SS. 7, 8, 9. 77 other order in relation to the matter, and may make such orders as to costs as to the Court may seem fit ; aud all such orders shall be final and conclusive on all parties : Provided always, that no justice or justices of the peace its ded- who shall state and deliver a case in pursuance of this fl°°j' ^ ^ Act shall be liable to any costs in respect or by reason of such appeal against his or their determination. VII. The Court for the opinion of which a case is stated Case may shall have power, if they think fit, to cause the case to be baclcfoi- sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. VIII. The authority and jurisdiction hereby vested in Powers of a Superior Court for the opinion of which a case is stated Court'may under this Act shall and may (subiect to any Rules and be exercised . ^7 ^ judge Orders of siich Court in relation thereto) be exercised by at Cham- a judge of such Court sitting in Chambers, and as well in vacation as in term time. IX. After the decision of the Superior Court in rela- After the tion to any case stated for their opinion under this Act, superior*^^ the justice or justices in relation to whose determination Court, justices the case has been stated, or any other justice or justices may issue of the peace exercising the same jurisdiction, shall have the same authority to enforce any conviction or order, which may have been affirmed, amended, or made by such Superior Court, as the justice or justices who originally decided the case would have had to enforce his or their determination if the same had not been appealed against ; and no action or proceeding whatsoever shall be com- menced or had against the justice or justices for enforcing such conviction or order, by reason of any defect in the- same respectively. 78 STATING A CASE. Certiorari X. No Writ of Certiorari or other writ shall be required require/ ^'^^ ^^^ removal of any conviction, order, or other deter- fur pro- mination in relation to which a case is stated under this ceeclings un ler this Act, or otherwise, for obtaining the judgment or determi- nation of the Superior Court on such case under this Act. Superior XI. The Superior Courts of law may from time to time, make rules ^^^1 as oftcu as they shall see occasion, make and alter for pro- rules and orders to regulate the practice and proceedine-s ceedings. o i i o in reference to the cases hereinbefore mentioned. "Justices" XII. The words "justice or justices" in this Act shall to include .-. a stipen- luclude a magistrate of the police courts of the metropolis diary macristrate. and any stipendiary magistrate. Recogni- XIII. In all cascs where the conditions, or any of to be them, in the said recognizance mentioned, shall not have enforced, ^ecu Complied with, the justice or justices who shall have taken the same, or any other justice or justices, shall certify upon the back of the recognizance in what respect the conditions thereof have not been observed, and trans- mit the same to the Clerk of the Peace for the county, riding, division, liberty, city, borough, or place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances forfeited at Quarter Sessions may now by law be enforced, and such certificate shall be deemed sufficient prima facie evidence of the said recognizance having been forfeited : Provided that where any such recognizances shall have been taken in England before a magistrate of the police courts of the metropolis, or by any stipendiary magistrate, all sums of money in which any person or persons shall be therein bound may, if the said magistrate shall think fit, be levied, upon such recognizance being forfeited, and 20 & 21 VICT, a 43, SS. 14, 15. 79 on uonpayment thereof, together with the costs of the proceedings to enforce such payment, in the same manner as a police magistrate of the metropolis is now empowered to recover any penalty, forfeiture, or sum of money, by section forty-five of an Act passed in the second and third years of the reign of her present Majesty, intituled " An Act for regulating: the Police Courts in the Metro- 2 & 3 Vict. ,. „ . . c. 71, s. 45. polls, and that all and every the provisions and enact- ments contained in the said section forty-five shall extend to and be applicable to this Act, in as ample a manner as if they had been herein re-enacted and made part of the same. XIV. Any person who shall appeal under the provi- Appellants sions of this Act against any determination of a justice or Act not to iustices of the peace from which he is by law entitled to ^^ avowed '' ■•• •' appeal to appeal to the Quarter Sessions shall be taken to have Quarter abandoned such last-mentioned right of appeal, finally and conclusively, and to all intents and purposes. XV. This Act shall not extend to Scotland. Extent of Act. SCHEDULE (A.) FEES TO BE TAKEN BY CLERKS TO JUISTICES. For drawing case and copy, where the case does s. d, not exceed five folios of ninety words each . 10 Where the case exceeds five folios, then for every additional folio . . . . . .10 For the recognizance to be taken in pursuance of the Act 5 For every enlargement or renewal thereof . 2 6 For certificate of refusal of case . .20 80 STATING A CASE. STATING A CASE ON A POINT OF LAW. The Summary Jurisdiction Act, 1879 (a). 42 & 43 Vict. c. 49, s. 33,- says :— Appeal (!•) Any person aggrieved who desires to question a o'l^Sum-" * conviction, order, determination, or other proceeding of a ™«ry Court of Summary Jurisdiction, on the around that it is Jurisdic- . . "^ . . .... tion by erroncous in point of law, or is in excess of jurisdiction. case.^ iiia,y apply to the Court to state a special case setting forth the facts of the case and the grounds on which the proceeding is questioned, and if the Court decline to state the case, may apply to the High Court of Justice for an order requiring the ease to be stated. (2.) The application shall be made and the case stated within such time and in such manner as may be from time to time directed by rules under this Act, and the case shall be heard and determined in manner prescribed 38 & 39 by Eules of Court (a) made in pursuance of the Supreme Court of Judicature Act, 1875, and the Acts amending the same ; and subject as aforesaid, the Act of the session of the twentieth and twenty-first years of the reign of Her present Majesty, chapter forty-three, intituled 20 & 21 " An Act to improve the administration of the law so far as respects summary proceedings before justices of the peace," shall, so far as it is applicable, apply to any special case stated under this section, as if it were stated under that Act : Provided that nothing in this section shall prejudice the statement of any special case under that Act. (a) The Rules under the Sitm- declared to he subject to 20 & 21 mary Jurisdiction Act, 179, post, Vict. c. 43 (so far as applicable) are silent on the subject of a it would seem that a recognizance recognizance under s. 33 of that should be entered into. Act, but as the case so stated i.s Vict. c. 77. Vict. c. 43 ( 81 ) CHAPTEE V. 12 & 13 Vict. c. 45. An Act to amend the Procedure in Courts of General and Quarter Sessions of the Peace in England and Wales, and for the better Advancement of Justice in Cases within the Jurisdiction of those Courts. [28th July, 1849.] Whereas, in cases of appeal to Courts of General or Quarter Sessions of the Peace, it is expedient that the law should be more uniform : Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that in every case of appeal (except as hereinafter mentioned) to any Court of Greneral Uniformity or Quarter Sessions of the Peace fourteen clear days' {a) notice of notice of appeal at least shall be given, and such shall be ^pp^^^- suflScient notice, any Act or Acts, or any rule or practice of any Court or Courts, to the contrary notwithstanding ; and such notice (h) of appeal shall be in writing, signed Notice of appeal to (a) " Clear days " means exclu- Act, 1879, s. 31, sub-s. 2, will not be in sive of the day on which the notice aflect the notice to be given under '^^^^^'^S is served and of the first day of this Act. The 12 & 13 Vict. c. 45, the Sessions : R. v. Herefordshire s. 1, requires that fourteen days' JJ., 3 B. & A. 581, ante, p. 20. It notice of appeal shall be given, and is doubtful whether a notice can 42 & 43 Vict. c. 49, s. 31, sub-s. 2, be served on Sunday, being in the that notice shall be given within nature of a process : see AspreJl seven days after the decision ap- V. Lancashire JJ., 16 Jur. Q. B. pealed against. See Lindley, J., 1067, n. ; Peacock v. The Queen, remarks in R. v. Shropshire JJ., 4 B. & S. 264; 27 L. J. M. C. 6 Q. B. D. 669; 46 J. P. im,anU, 224, ante, p. 28. p. 14. (?)) The Summary Jurisdiction G 82 B AIRES' ACT. (rrouuds of appeal to be stated. Act not to affect notices of appeal against orders of removal, orders of bastardy, &c. Defects in statement of grounds of appeal. by the person or persons giving the same, or by his, her, or their attorney on his, her, or their behalf, and the grounds of appeal shall be specified in every such notice : Provided always, that it shall not be lawful for the appel- lant or appellants, on the trial of any such appeal, to go into or give evidence of any other ground of appeal besides those set forth in such notice. 2. And be it enacted, that none of the provisions hereinbefore contained relating to notices of appeal shall be construed to affect or alter the law as to notice of appeal against a summary conviction, or against an order of removal, or against an order under any statute re- lating to pauper lunatics, or against an order in bastardy, or against any proceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office, but the law with regard to notices of all such appeals shall be deemed and taken to be the same as if the provisions hereinbefore contained had not been enacted. 3. And whereas a statement of the grounds of appeal, when required by this or any other statute, is for the purpose of enabling the party receiving it to inquire into the subject of such statement, and, if need be, to prepare for trial : Be it therefore enacted, that upon the hearing of any appeal to any Court of General or Quarter Sessions of the Peace no objection on account of any defect in the form of setting forth any ground of appeal shall be allowed, and no objection to the reception of legal evi- dence offered in support of any ground of appeal shall prevail, unless the Court shall be of opinion that such ground of appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the party receiving the same to inquire into the subject of such statement, and 12 (0 13 VICT. C. 45, SS. 4, 5. 83 to prepare for trial : Provided always, that in all cases where the Court shall be of opinion that any objection to any ground of appeal, or to the reception of evidence in support thereof, ought to prevail, it shall be lawful for such Court, if it shall so think fit, to cause any such ground of appeal to be forthwith amended by some officers of the Court, or otherwise, on such terms as to payment of costs to the party, or postponing the trial to another day in the same Sessions or to the next subsequent Sessions, or both payment of costs and postponement, as to such Court shall appear just and reasonable. 4. And be it enacted, that if in any notice of appeal the Frivolous appellant or appellants shall have included any ground or appeal, grounds of appeal which shall in the opinion of the Court determining the appeal be frivolous or vexatious, such appellant or appellants shall be liable, if the Court shall so think fit, to pay the whole or any part of the costs incurred by the respondent or respondents in disputing any such ground or grounds of appeal, such costs to be recoverable in the manner hereinafter directed as to the other costs incurred by reason of such appeal. 5. And be it enacted, that upon any aj^peal to any sessions to Court of General or Quarter Sessions of the peace the ^lH^^i Court before whom the same shall be brought may, if it po^'^'" *° ^ , give costs think fit, order or direct the party or parties against in all cases whom the same shall be decided to pay to the other ° ^'^^^'^ ' party or parties such costs and charges as may to such Court appear just and reasonable, such costs to be recover- able in the manner provided for the recovery of costs upon an appeal against an order or conviction by an Act passed in the twelfth year of Her Majesty's reign, intituled " An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England G 2 84 BAINES' ACT. Frivolous appeals. Amend- ment of orders or judgments of justices on appeal or return to certio- rari. and Wales with respect to Summary Convictions and Orders." (See 11 & 12 Vict. c. 43, s. 27, ante, p. 66). 6. And for the more effectual prevention of frivolous appeals, be it enacted, that any Court of General or Quarter Sessions of the peace, upon proof of notice of any appeal to the same Court having been given to the party or parties entitled to receive the same, though such appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same Sessions for which such notice was given, order to the party or parties receiving the same such costs and charges as by the said Court shall be thought reasonable and just to be paid by the party or parties giving such notice, such costs to be recoverable in the manner last aforesaid. 7. And whereas in many cases, where justices of the peace are by law empowered to make orders or to give judgments, great expense and frequent failures of justice have been occasioned by reason that such orders or judg- ments have, on appeal to the G-eneral or Quarter Sessions of the Peace, or on removal by certiorari into the Court of Queen's Bench, been quashed or set aside upon ex- ceptions or objections to the form of the order or judg- ment, irrespective of the truth and merits of the matters in question : For remedy thereof be it enacted, that if upon the trial of any appeal to any Court of General or Quarter Sessions of the Peace against any order or judgment made or given by any justice or justices of the peace, or if upon the return to any writ of certiorari any objection shall be made on account of any omission or mistake in the drawing up of such order or judgment, and it shall be shown to the satisfaction of the Court that sufficient grounds were in proof before the justice or justices making such order or giving such judgment to 12 tfc 13 VICT, a 45, S. 8. 85 have authorized the drawing up thereof free from the said omission or mistake, it shall be lawful for the Court, upon such terms as to payment of costs as it shall think fit, to amend such order or judgment, and to adjudicate thereupon as if no such omission or mistake had existed : Provided always, that no objection on account of any omission or mistake in any such order or judgment brought up upon a return to a writ of certiorari shall be allowed unless such omission or mistake shall have been specified in the rule for issuing such certiorari. 8. And whereas the statutes giving the right of appeal Amend- , -1 • J.- p ji • ment of against orders or summary convictions irequently require recogni- a recognizance or recognizances to be entered into as a ^^^'^®' condition of such appeal, and appellants are liable to be prevented from trying their appeals upon the merits, in consequence of imperfections on the taking of such recognizances : Be it enacted, that where any recogni- zance or recognizances which shall have been entered into within the time by law required before any justice or justices for the purpose of complying with any such condition of appeal, shall appear to the Court before which such appeal is brought to have been insufficiently entered into, or to be otherwise defective or invalid, it shall be lawful for such Court, if it shall so think fit, to permit the substitution of a new and sufficient recogni- zance or new and sufficient recognizances to be entered into before such Court in the place of such insufficient, defective, or invalid recognizance or recognizances, and for that purpose to allow such time, and make such examination, and impose such terms as to payment of costs to the respondent or respondents, as to such Court shall appear just and reasonable ; and such substituted recognizance or recognizances shall be as valid and effectual to all intents and purposes as if the same had 86 BAINES' ACT. Decisions of Sessions when final. Amend- ment of indictment. 11 & 12 Vict. c. 46. Power to state a special case without going to the Sessions. been duly entered into at any earlier time or times as required by any statute or statutes for that purpose. 9. And be it enacted, that the decisions of the Court of General or Quarter Sessions of the peace upon the hearing of any appeal, as to the suflSciency of the state- ment of any ground or grounds of appeal, and as to the amending or refusing to amend any order or judgment of a justice or justices appealed against, or the statement of any ground or grounds of appeal, and as to the sub- stitution of any new recognizance or recognizances as aforesaid, shall be final, and shall not be liable to be re- viewed in any Court, by means of a writ of certiorari or mandamus, or otherwise. 10. And be it enacted, that every Court of General or Quarter Sessions of the Peace, on the trial of any offence within its jurisdiction, whenever any variance or vari- ances shall appear between any matter in writing or in print produced in evidence and the recital or setting forth thereof in the indictment, shall have the same power in all respects to cause the indictment to be amended which is given to Courts of Oyer and Terminer and General Gaol Delivery with regard to offences tried before such last-mentioned Courts by virtue of an Act of the twelfth year of Her Majesty's reign, intituled, " An Act for the Eemoval of Defects in the Administration of Criminal Justice ;" and after such amendment the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance or variances had appeared. 11. And be it enacted, that at any time after notice given of appeal to any Court of General or Quarter Sessions of the Peace against any judgment, order, rate, or other matter, (except an order in bastardy, or a pro- 12 & 13 VICT, a 45, >S', 12. 87 ceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office), for which the remedy is by such appeal, it shall be lawful for the parties, by consent, and by order of any Judge of one of the Superior Courts of Common Law at Westminster to state the facts of the case in the form of a special case for the opinion of such Suj)erior Court, and to agree that a judgment in con- formity with the decision of such Court, and for such costs as such Court shall adjudge, may be entered on motion by either party at the Sessions next or next but one after such decision shall have been given ; and such judgment shall and may be entered accordingly, and shall be of the same effect in all respects as if the same had been given by the Court of G-eneral or Quarter Sessions, upon an appeal duly entered and continued. 12. And whereas by a statute passed in the tenth year References of King William the Third, intituled "An Act for lH'^'^''" determining differences by arbitration," provision was 9 & lo made for rendering more effectual the awards of arbi- c. 15. ' trators in the case of controversies and disputes for which there is no other remedy but by personal action or by suit in equity. And whereas it is expedient in like manner to facilitate and render more effectual refer- ences to arbitration of controversies and disputes for which the remedy is by appeal to a Court of General or Quarter Sessions of the Peace : Be it enacted, that at any time after notice given of appeal to any Court of General or Quarter Sessions of the Peace against any order, rate, or other matter, (except a summary conviction or an order in bastardy, or any proceeding made or by virtue of any statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office,) for which the remedy is by such appeal, it shall be lawful for 88 BAINES' ACT. the parties by themselves or their attornies, and by order of a Judge of Her Majesty's Court of Queen's Bench, to submit the matter or matters of such appeal to the award or umpirage of any person or persons, and to agree that such submission should be made a rule of the said Court of Queen's Bench, and to insert such agree- ment in their submission or the condition of the bond or promise whereby they oblige themselves respectively to submit to the award or umpirage of such person or persons ; and thereupon such and the like proceedings in all respects shall and may be taken with regard to submissions under this Act, and to enforcing awards or umpirages thereupon, and to setting aside the same, as are authorized by the said Act of King William the Third with regard to the cases therein provided for ; and every award or umpirage duly made under this Act shall be as binding and effectual to all intents as if the same had been a regular judgment of the said Court of General or Quarter Sessions, and shall and may, on the application of either party, be enrolled among the records of the said Court of Sessions. References 13. And be it enacted, that it shall be lawful for any by order of Qq^^j-^ Qf General or Quarter Sessions of the Peace before Court of ^ Sessions. which any appeal (except against a summary conviction, or an order in bastardy, or any proceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office), shall be brought, to order, with consent of the parties or their attornies, that the matter or matters of such appeal be referred to arbitration to such person or persons and in such manner and on such terms as the said Court shall think reasonable and proper; and such order may be made a rule of the Court of Queen's Bench, on the ap- plication of either party ; and the award of the arbitrator 12 & 13 VICT. 0. 45, SS. 14, 15. 89 or arbitrators, or umpirage of the umpire, may, on motion by either party, at the Sessions next or next but one after such award or umpirage shall have been finally made and published, or after the decision of the Court of Queen's Bench on any motion for setting aside the same, be entered as the judgment of the Court of General or Quarter Sessions in the appeal, and shall be as binding and effectual to all intents as if given by the said Court : Provided always, that the Court of Queen's Bench may, if it think fit, on application within the term next after the making and publication of such award or umpirage, either refer the case back again to the same arbitrator, arbitrators or umpire, or wholly set aside the award or umpirage already made, and may in the latter event order the Court of General or Quarter Sessions to enter continuances and hear the appeal. 14. And be it enacted, that if upon reference to Where arbitration under this Act, it shall be made to appear abordvr to the Court of Queen's Bench that either from the Queen's Bench may death of the arbitrator or arbitrators, or umpire, or from order any other cause, it has become impossible that an award to hear or umpirage can be made, it shall be lawful for the ''^fp'^'^'- said Court to order the Court of General or Quarter Sessions of the Peace to enter continuances and hear the appeal. 15. And be it enacted, that the several provisions 3&4Wii]. relating to arbitrators contained in an Act of the fourth ^g g '^^^l^f year of King William the Fourth, intituled, " An Act ^^^^ *° references for the further amendment of the law and the better under this advancement of justice," shall be deemed and taken to '^ ' be applicable to arbitrations under this Act ; and in every such arbitration the arbitrator or arbitrators, or umpire, shall have the same powers of amendment which the 90 BAINES ACT. Itecogni- zances for prosecu- tion and trial of appeal. 3 Geo. 4, c. 46, post. Levying and re- covery of fines, issues, and amercia- ments. Enforcing orders of sessions. Court of General or Quarter Sessions of the Peace would have had on the trial of the appeal. 16. And be it enacted, that no recognizance entered into pursuant to any statute or statutes for the prosecu- tion and trial of any appeal shall be deemed to be forfeited by such agreement as aforesaid for the state- ment of a special case without previously going to the Court of General or Quarter Sessions, or by any sub- mission to arbitration under the provisions of this Act. 17. And whereas by an Act passed in the third year of the reign of King George the Fourth, intituled, " An Act for the more speedy Return and levying of Fines, Penalties, and Forfeitures and Recognizances estreated," provision is made for authorizing the levying and re- covery of fines, issues, amerciaments, and forfeited recognizances set, imposed, lost, or forfeited by or before any justice or justices of the peace in England : And whereas it is expedient that the subsequent proceedings in such cases should be uniform : Be it enacted, that the proceedings subsequent to such authority given for so levying and recovering as aforesaid shall and may be the same in all respects in the case of such fines, issues, and amerciaments as are by the said Act provided, permitted, and required in the case of such forfeited recognizances. 18. And be it enacted, that in all cases where any order shall be made by any Court of General or Quarter Sessions of the Peace it shall be lawful for the Court of Queen's Bench, or for any Judge of that Court at Chambers, either in term or vacation, upon the applica- tion of any person entitled to enforce such order, and upon the production of a copy of such order under the hand of the Clerk of the Peace or his deputy, and upon proof of refusal or neglect to obey such order, to order ESTREATING RECOGNIZANCE — 3 GEO. 4, C. 46. 91 aud direct such order of the Court of General or Quarter Sessions to be removed into the said Court of Queen's Bench, and thereupon such order shall be of the same force and effect, and may be enforced in the same manner, as a rule made by the said Court of Queen's Bench ; and all the reasonable costs and charges attendant upon such application and removal shall be recoverable in like manner as if the same were part of such order. 19. And be it enacted, that nothing in this Act con- Not to „ - - Til extend to tained shall extend to Scotland or Ireland. Scotland or Ireland. 3 Geo. 4, c. 46. {See also 4 Geo. 4, c. 37, and 22 & 23 Vict. c. 21.) An Act for the more sjjeedy return and levying of Fines, Penalties, and Forfeitures, and Recognizances estreated. [24th June, 1882. 2. And be it further enacted. That from and after the statements twenty-ninth day of September, one thousand eight ^^^ "^il'ha hundred and twenty-two, all fines, issues, amerciaments, foiY''*''!'^'\ •' ' to the clerk forfeited recognizances, sum or sums of money paid or to of the peace be paid in lieu or satisfaction of them or any of them justice by (save and except the same shall, by virtue of any Act or fiue°'&c"^'^ Acts of Parliament made or to be made, be otherwise ** imposed. directed to be levied, recovered, appropriated, or disposed of), which already are or hereafter shall be set, imposed, lost, or forfeited by or before any Justice or Justices of the Peace in that part of the United Kingdom called England, shall be and are hereby required to be certified by the Justice or Justices of the Peace by or before whom 92 ESTREATING RECOGNIZANCE. any such fines, issues, amerciaments, forfeited recogni- zances, sum or sums of money paid or to be paid in lieu or satisfaction of them, or any of them, shall be set, imposed, lost, or forfeited, to the Clerk of the Peace of the county, or Town Clerk of the city, borough, or place, in writing, containing the names and residences, trade, profession, or calling of the parties, the amount of the sum forfeited by each respectively, and the cause of each forfeiture, signed by such Justice or Justices of the Peace, on or before the ensuing General or Quarter Sessions of such Clerk of county, city, borough, or place respectively ; and such 10^0013^00 Clerk of the Peace or Town Clerk shall copy on a roll fines'^ ^r'^ such fiues, issucs, amerciaments, forfeited recognizances, at Quarter g^ju qy sums of moucy paid or to be paid in lieu or satis- Sessions, • i n o and send a factiou of them or any of them, together with all fines, such roll issues, amerciaments, forfeited recognizances, sum or sums with writ Q^ money paid or to be paid in lieu or satisfaction of 01 distrin- J i. -i gas, &c , to them or any of them, imposed or forfeited at such Court the sheriff, r\ • ^ ^ ^^ • ^ ■ ^ &c. of General or Quarter Sessions, and shall, withm such time as shall be fixed and determined by such Court, not exceeding twenty-one days after the adjournment of such Court, send a copy of such roll, with a writ of distringas and capias, or fieri facias and capias, according to the form and effect in the schedule marked (A) annexed to this Act (a), to the sheriif of such county, or the sheriff, bailiff, or officer of such city, borough, or place having execution of process therein respectively, as the case may be, which shall be the authority to such sheriff of such county, or the sheriff, bailiff, or officer, as the case may be, for proceeding to the immediate levying (a) By 22 & 23 Yict. c. 21, stituted for the form in the sche- s. 30, the fomi of writ in the dule (A) to this Act. schedule (A) to that Act is sub- 3 GEO. 4, C. 46, ,S'. 3. 93 and recovering of such fines, issues, amerciaments, for- feited recognizances, sum or sums of money to be paid in lieu or satisfaction of them or any of them, on the goods and chattels of such several persons, or for taking into custody the bodies of such persons, in case sufficient goods and chattels shall not be found whereon distress can be made for recovery thereof; and every person so taken shall be lodged in the common gaol until the next General or Quarter Sessions of the Peace, there to abide the judgment of the said Court. 3. And be it further enacted, that the Clerk of the Clerk- of Peace or Town Clerk shall, before he shall deliver the or town*^^ roll to such sheriff, bailiff, or officer, containino- the fines, "^^^^"^ ^°,, ' ' ' D ' make oath issues, amerciaments, forfeited recognizances, sum or as to all . . ^ . fiues, &c., sums of money paid or to be paid m lieu or satislaction which shall of them or any of them, and is hereby required, to make ^ ^^^ oath before any Justice of the Peace for the county, riding, city, borough, or j^lace for which such Clerk of the Peace or To\nti Clerk shall act ; which oath shall be indorsed on the back of the writ, or of the said roll attached thereto, such Clerk of the Peace or Town Clerk stating therein all such fines, issues, amerciaments, for- feited recognizances, sum or sums of money, which shall have been paid or otherwise accounted for ; and such oath shall be made in the form following : " I make oath, that Form of this roll is truly and carefully made up and examined, °^^ ' and that all fines, issues, amerciaments, recognizances, and forfeitures, which were set, lost, imposed, or forfeited, and in right and due course of law ought to be levied and paid, are, to the best of my knowledge and understanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines as have been paid 94 ESTREATING RECOQNIZANCE. to, or received by me, either in Court or otherwise, with- out any wilful or fraudulent discharge, omission, mis- nomer, or defect whatever. So help me God." Notice to 4. And be it further enacted, that each and every to tiie Justice of the Peace before whom any recognizance shall .suretie:,. ^^ entered into or taken shall and is hereby required to give, or cause to be given, at the time of entering into such recognizance, to the person or persons, surety or sureties so entering into the same, and to each of them, a written or printed paper or notice, in the form or to the eifect stated in the schedule marked (B) to this Act annexed, adapting the same to the particular circum- stances of the case ; and each and every Justice shall in such recognizance state and particularly specify not only the profession, art, mystery, or trade of every person so entering into such recognizance, together with their christian name and names and surnames, but also the parish, township, or place of his or her residence ; and in case such residence shall be in any city, town, or borough, shall also state and particularly specify the name of the street and number of the house (if any) in which such person shall reside, and also whether owner or tenant thereof, or lodger therein. Persons 5. Provided always, and be it enacted, that if any trouarter^ pcrsou ou whoso goods and chattels such sheriff, bailiflf, Sessions or officor shall be authorized to levy any such forfeited fines, &c., recognizance, or sum of money to be paid in lieu or gidng satisfaction thereof, shall give security to the said sheriff, BBcunty. bailiff, or officer for his appearance at the next General or Quarter Sessions, then and there to abide the decision of the Court, and also to pay such forfeited recognizance or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as shall be ordered and 3 GEO. 4, C. 46, S. 6. 95 adjudged by the Court, it shall be lawful for such sheriff, bailiff, or officer, and he is hereby authorized and required to discharge such person so giving such security out of custody : Provided also, that in case such party so giving security shall not appear in pursuance of his undertaking, it shall be lawful for the Court forthwith to issue a writ of distringas and capias, or fieri facias and capias, against the surety or sureties of the person so bound as aforesaid. 6. And be it further enacted, that the Court of General Justices at ^ r-i • 1 n 1 "J. J. 1 Quarter or Quarter Sessions before whom any person so committed Sessions to gaol or bound to appear shall be brought, is hereby Jettrmine'^ authorized and required to inquire into the circumstances ^uch \ _ appeals. of the case ; and shall, at its discretion, be empowered to order the discharge of the whole of the forfeited recogni- zance, or sum of money paid or to be paid in lieu or satisfaction thereof, or any part thereof ; and such order shall be made in the form or to the effect of the schedule marked (C) to this Act annexed, and shall be signed by the Clerk of the Peace, which said order shall be a dis- charge to such sheriff, bailiff, or officer, on the passing of his accounts at the Exchequer, or before any auditor or other proper officer duly authorized to pass the same ; and in all cases where the party shall have been lodged in the common gaol by such sheriff, bailiff, or other officer, the Justices of the Peace so assembled are hereby empowered either to remand such party to the custody of the sheriff, bailiff, or other officer, or upon the release of such party from the whole of such forfeited recognizance, to order such party to be discharged from custody, and such order shall be a full and sufficient discharge to the said sheriff, bailiff, or officer on the passing of his accounts at the Exchequer, or before any auditor or other proper officer 96 ESTREATING BECOGNIZANCE. duly authorized to pass the same ; and it shall and may be lawful to and for the said Court of General or Quarter Sessions to award such costs, charges, and expenses to be paid by either party to the other, as to the said Court shall seem just and reasonable. Sheriff ni:iy 7. And be it further enacted, that in all cases where fme's ^&c. t^® party incurring any fine, issue, amerciament, forfeited out oi the recognizance, sum or sums of money to be paid in lieu or where satisfaction of them or any of them, shall reside in another upon ' county, or in any city, borough, or place having peculiar Snaft^'^ jurisdiction, or shall have fled into any other county, or backed by jj^^-q q^^ g^^,]^ (>j^y borouffh, OT placc, after such fine, issue, a justice of '' . . the peace amerciament, forfeited recognizance, sum or sums of county money to be paid in lieu or satisfaction of them or any where the £ them, shall have been incurred, or shall have removed onenaer is. ' ' his goods and chattels out of the jurisdiction in which such fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall have been imposed, it shall be lawful for the said sheriff, bailiff, or officer, and he is hereby required, to apply to any Justice of the Peace acting for such county, city, borough, or place into which the party may have fled or removed his goods and chattels, and such justice is hereby required, upon proof on oath of the handwriting of the sheriff or under-sheriff, bailiff, or officer granting such warrant, to indorse his name thereon, which shall be a sufficient authority to the person bringing such warrant, and to all other persons to whom the same may be directed, to execute the same in such other county, city, borough, or place ; and in case sufficient distress shall not be found whereon to levy such fine, issue, amerciament, estreated recognizance, sum or sums of money to be paid in lieu or satisfaction of them SUMMA It Y JURISDICTION A CT, 1879. 97 or any of them, and all costs and charges attending the recovery thereof, then to take the body of the party, and lodge him in the gaol of the county, city, borougb, or place in which the forfeiture had been incurred, there to await the decision of the Court at the ensuing General or Quarter Sessions. 8. And be it further enacted, that the said sheriff, sheriff to bailiff, or officer shall, at the opening of the Court, on ^Ji,[['[o the first day of the ensuing General or Quarter Sessions, ^g"^[*^J return the said writ, and shall state on the back of the and iudorse . . on the roll said roll what shall have been done in the execution oi such what has process; which return, together with a duplicate of the in^the°"^ roll of fines, issues, amerciaments, forfeited recognizances, execution ' ' ' ^01 the sum or sums of money paid or to be paid in lieu or satis- process, faction of them or any of them, at the preceding Quarter return, Sessions, and the certificate of the Court on the back of ^l'\^^.^ the roll, statino: that due diligence has been exercised waited by ' ° ^ ^ clerk of on the part of the sheriff, shall be transmitted by the the peace Clerk of the Peace to the Lords Commissioners of His Treasury. Majesty's Treasury of the United Kingdom of Great Britain and Ireland. SUMMAKY JUKISDICTION ACT, 1879. [42 & 43 Vict. c. 49.] {The appeal clauses are sections 19, 31 and 32.) An Act to amend the Laiv relating to the Summary Juris- diction of Magistrates. [11th August 1879.] Be it enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual Ti 98 SUMMAIIY JURISDTGTION ACT, 1879. and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Short title. 1. This Act may be cited for all purposes as the Sum- mary Jurisdiction Act, 1879. Appiica- 2. This Act shall not extend to Scotland or Ireland. tion of Act. Commence 3. This Act shall come into operation on the first Act. day of January one thousand eight hundred and eighty (which day is in this Act referred to as the commencement of this Act) : Provided that at any time after the passing of this Act any rules may be made, and any act or thing necessary or proper for bringing this Act into operation at the commencement thereof may be done, so that such rules, act, or thing take effect only ujDon the said commence- ment. PAET I. Court of Summary Jurisdiction. Mitigation 4. Subjcct as in this Act mentioned, and notwith- ment by Standing any enactment to the contrary, where a court of Court. summary jurisdiction has authority under this Act, or under any other Act, whether past or future, to impose imprisonment or to impose a fine for an offence punish- able on summary conviction, that court may, in the case of imprisonment, impose the same without hard labour, and reduce the prescribed period thereof, or do either of such acts ; and in the case of a fine, if it be imposed as in respect of a first offence, may reduce the prescribed amount thereof. And where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter 42 & 43 VICT. C. 49, S. 5. 99 into his recognizance and to find sureties for keeping the peace, and observing some other condition, or to do any of such things, the court may dispense with any such requirement or any part thereof. And where a court of summary jurisdiction has autho- rity under an Act of Parliament other than this Act, whether past or future, to impose imprisonment for an offence punishable on summary conviction, and has not authority to impose a fine for that offence, that court when adjudicating on such offence may, notwithstanding, if the court think that the justice of the case will be better met by a fine than by imprisonment, impose a fine not exceeding twenty-five pounds, and not being of such an amount as will subject the offender under the pro- visions of this Act, in default of payment of the fine, to any greater term of imprisonment than that to which he is liable under the Act authorising the said imprisonment. 5. The period of imprisonment imposed by a court of Scale of ■ T • T 1 • ^ ji *j_ imprison- summary jurisdiction under this, or under any other Act, ment for whether past or future, in respect of the nonpayment of ^"enTof" any sum of money adjudged to be paid by a conviction, niouey. or in respect of the default of a sufficient distress to satisfy any such sum, shall, notwithstanding any enact- ment to the contrary in any past Act, be such period as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale ; that is to say. Where the amount of the sum or sums of money adjudged to be paid by a con- The said period shall viction, as ascertained by the conviction, not exceed Does not exceed ten shillings . Seven days. Exceeds ten shillings but does not exceed one pound . . . Fourteen days. H 2 100 SUMMARY JUIilSDICTION ACT, 1879. Where the amount of the sum or sums of money adjudged to be paid by a con- The said period shall victiou, as ascertained by the conviction, not exceed Exceeds one pound but does not exceed five pounds . . . One month. Exceeds five pounds but does not exceed twenty pounds . . Two months. Exceeds twenty pounds . . Three months. And such imprisonment shall be without hard labour, except where hard labour is authorised by the Act on which the conviction is founded, in which case the im- prisonment may, if the court thinks the justice of the case requires it, be with hard labour, so that the term of hard labour awarded do not exceed the term authorised by the said Act. Sum re- 6. Where under any Act, whether past or future, a b7sum-^ sum of money claimed to be due is recoverable on com- inary order plaint to a court of Summary jurisdiction, and not on coverabie information, such sum shall be deemed to be a civil debt, debt. ^11 tl if recovered before a court of summary jurisdiction shall be recovered in the manner in which a sum declared by this Act to be a civil debt recoverable summarily is recoverable under this Act, and not otherwise ; and the payment of any costs ordered to be paid by the com- plainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt, and not otherwise. Payment 7. A court of Summary jurisdiction, by whose conviction nfentfof" ^^ Order any sum is adjudged to be paid, may do all or or security any of the following things ; namely, — taken for o o j payment of (1.) Allow time for the payment of the said sum ; and money. ^^-^ Direct payment to be made of the said sum by instalments; and 42 & 43 VICT. C. 49, S. 8. 101 (3.) Direct that the person liable to pay the said sum shall be at liberty to give to the satisfaction of that court, or of such other court of summary jurisdiction, or such person as may be specified by that court, security with or without a surety or sureties for the payment of the said sum or of any instalment thereof, and such security may be given and enforced in manner provided by this Act. Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. A court of summary jurisdiction directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time or times, and in such place or places, and to such person or persons, as may be specified by the court ; and every person to whom any such sura or instalment is paid, where not the clerk of the court of summary jurisdiction, shall as soon as may be account for and pay over the same to that clerk. 8. Where a fine adjudged by a conviction by a court Provision of summary jiu-isdiction to be paid does not exceed five \l the'^cie shillings, then, except so far as the court may think fit °f ^^^^l to expressly order otherwise, an order shall not be made for payment by the defendant to the informant of any costs ; and the court shall, except so far as they think fit to expressly order otherwise, direct all fees payable or paid by the informant to be remitted or repaid to him ; the court may also order the fine or any part thereof to be paid to the informant in or towards the payment of his costs. 102 SUMMARY JURISDICTION ACT, 1879. Enfoicinc? 9. (1.) Where a recognizance is conditioned for the nizan^cTsby appearance of a person before a court of summary juris- Couit of diction, or for his doing some other matter or thing to Sunimary ^ .... .Tinisdic- be donc in, to, or before a court of summary jurisdiction, tion, note . t • , p • • i- x- n (^), p. 68. 01* 111 a proceeding m a court oi summary jurisdiction, such court, if the said recognizance appears to the court to be forfeited, may declare the recognizance to be forfeited, and enforce payment of the sum due under such recogni- zance in the same manner as if the sum were a fine adjudged by such court to be paid which the statute provides no means of enforcing, and were ascertained by a conviction : Provided that at any time before the sale of goods under a warrant of distress for the said sum, the said court of summary jurisdiction, or any other court of summary jurisdiction for the same county, borough, or place, may cancel or mitigate the forfeiture, upon the person liable applying, and giving security to the satisfaction of the court for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or upon such other conditions as the court may think just, (2.) Where a recognizance, conditioned to keep the peace or to be of good behaviour, or not to do or commit some act or thing, has been entered into by any person as principal or surety before a court of summary jurisdic- tion, that court or any other court of summary jurisdiction acting for the same county, borough, or place, upon proof of the conviction of the person bound as principal by such recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge such recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of 42 & 43 VICT, a 49, S. 10. 103 such persons, to pay the sums for which they are respect- ively bound. (3.) Except where a person seeking to put in force a recognizance to keep the peace or to be of good behaviour by notice in writing requires such recognizance to be transmitted to a court of general or quarter sessions, the recognizances to which this section applies shall be dealt with in manner in this section mentioned, and, notwith- standing any enactment to the contrary, shall not be transmitted, nor shall the forfeiture thereof be certified, to general or quarter sessions. (4.) All sums paid in respect of a recognizance declared or adjudged by a court of summary jurisdiction in pursu- ance of this section to be forfeited shall be paid to the clerk of such court, and shall be paid and applied by him in the manner in which fines imposed by such court, in respect of which fines no special appropriation is made, are payable and applicable. 10. (1.) Where a child is charged before a court of Summary summary jurisdiction with any indictable offence other chndren than homicide, the court, if they think it expedient so to ^?j mdici- do, and if the parent or guardian of the child so charged, ofiences, unless when informed by the court of his right to have the child objected to tried by a jury, does not object to the child being dealt or guar- with summarily, may deal summarily with the offence, ^^'*^- and inflict the same description of punishment as might have been inflicted had the case been tried on indict- ment : Provided that — (a.) A sentence of penal servitude shall not be passed, but imprisonment shall be substituted therefor ; and 104 SUMMARY JUinSDICTION ACT, 1879. (b.) Where imprisonment is awarded, the term shall not in any case exceed one month ; and (e.) Where a fine is awarded, the amount shall not in any case exceed forty shillings ; and (d.) When the child is a male the court may, either in addition to or instead of any other punishment, adjudge the child to be, as soon as practicable, privately whipped, with not more than six strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the parent or guardian of the child. (2.) For the purpose of a proceeding under this sec- tion, the court of summary jurisdiction, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the parent or guardian of the child, and then address a question to such parent or guardian to the following effect : " Do you desire the child to be tried by a jury, and object to the case being dealt with summarily ? " with a statement, if the court think such statement desirable for the informa- tion of such parent or guardian, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which the child will be tried if tried by a jury. (3.) Where the parent or guardian of a child is not present when the child is charged with an indictable offence before a court of summary jurisdiction, the court may, if they think it just so to do, remand the child for the purpose of causing notice to be served on such parent 42 & 43 VICT, a 49, ,S. 11. 105 or guardian, with a view so far as is practicable of securing his attendance at the hearing of the charge, or the court may, if they think it expedient so to do, deal with the case summarily. (4.) This section shall not prejudice the right of a court of summary jurisdiction to send a child to a reformatory or industrial school. (5.) This section shall not render punishable for an offence any child who is not, in the opinion of the court before whom he is charged, above the age of seven years and of suflScient capacity to commit crime. 11. (1.) Where a young person is charged before a Summary court of summary jurisdiction with any indictable offence consent «f specified in the first column of the First Schedule to this y°"°s i persons Act, the court, if they think it expedient so to do, having (juvenile ortenders). regard to the character and antecedents of the person charged, the nature of the offence, and all the circum- stances of the case, and if the young person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and in their discretion adjudge such person, if found guilty of the offence, either to pay a fine not exceeding ten pounds, or to be imprisoned, with or without hard labour, for any term not exceeding three months ; and if the young person is a male, and, in the opinion of the court, under the age of fourteen years, the court, if they think it expedient so to do, may either in substitution for or in addition to any other punish- ment under this Act, adjudge such young person to be, as soon as practicable, privately whipped with not more than twelve strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence. 106 SUMMA R Y JURISDICTION A CT, 1879. if he desires to be present, of the parent or guardian of such young person. (2.) For the purpose of a proceeding under this section, the court, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the young person charged, and then address a question to him to the following effect : " Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily ? " with a statement, if the court thinks such statement desirable for the information of the young person to whom the question is addressed, of the mean- ing of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury. (3.) This section shall not prejudice the right of a court of summary jurisdiction to send a young person to a reformatory or industrial scliool. Summary 12. Where a person who is an adult is charged before trial with ..,.. ., -tj^ii consent of a court of Summary jurisdiction with any indictable adult. offence specified in the second column of the First Schedule to this Act, the court, if they think it ex- pedient so to do, having regard to the character and antecedents of the person charged, the nature of the offence, and all the circumstances of the case, and if the person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and adjudge such person, if found guilty of the offence, to be imprisoned, with or without hard labour, for any term not exceeding three months or to pay a fine not exceeding twenty pounds. 42 & 43 VICT, a 49, S. 13. 107 For the purpose of a proceeding under this section, the court, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect : " Do you desire to be tried by a jury, or do you consent to the case being dealt wdth summarily ? " with a statement, if the court think such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury. 13. (1.) Where a person who is an adult is charged Summary before a court of summary jurisdiction with an indictable orpiea'of offence which is specified in the first column of the First =j''// °^ Schedule to this xlci, and is not comprised in the second column of that schedule, and the court at any time during the hearing of the case become satisfied that the evidence is sufficient to put the person charged on his trial for the said offence, and further are satisfied (either after such a remand as is provided by this Act or other- wise) that the case is one which having regard to the character and antecedents of the person charged, the nature of the offence, and all the circumstances of the case, may properly be dealt with summarily, and may be adequately punished by virtue of the powers of this Act, then the court shall cause the charge to be reduced into writing and read to the person charged, and shall then ask him whether he is guilty or not of the charge ; and if sjich person says that he is guilty, the court shall 1 08 S UMMA BY J URISDICTION ^ CT, 1879. thereupon cause a plea of guilty to be entered, and ad- judge him to be imprisoned, with or without hard labour, for any term not exceeding six months. (2.) The court, before asking, in pursuance of this section, the person charged whether he is guilty or not, shall explain to him that he is not obliged to plead or answer, and that if he pleads guilty he will be dealt with summarily, and that if he does not plead or answer, or pleads not guilty, he will be dealt with in the usual course ; with a statement, if the court thinks such state- ment desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily or in the usual course, and of the assizes or sessions (as the case may be) at which such person will be tried if tried by a jury. The court shall further state to such person to the effect that he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence against him upon his trial, and shall give him clearly to understand that he has nothng to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat. (3.) If the prisoner does not plead guilty, whatever he says in answer shall be taken down in writing and read over to him and signed by a justice constituting or form- ing part of the court, and kept with the depositions of the witnesses, and transmitted with them in manner required by law, and afterwards upon the trial of the prisoner may, if necessary, be given in evidence against 42 & 43 VICT, a 49, SS. 14, 15, IG. 109 him without further proof thereof, unless it is proved that the justice purporting to have signed the same did not in fact sign the same. 14, Where a person who is an adult is charged before Restriction on SUE maiy a court of summary jurisdiction with any indictable ^^^y jgal ing with adult offence specified in the First Schedule to this Act, and it appears to the court that the offence is one which, charged . T f, ^ *ith in- owmg to a previous conviction on indictment oi the dictable person so charged, is punishable by law with penal ser- vitude, the court shall not deal with the case summarily in pursuance of this Act. 15. A child on summary conviction for an offence Restriction punishable on summary conviction under this Act, or °neiit"of under any other Act, whether past or future, shall not *^'^''^ ^"^" •' ■■• summary- be imprisoned for a longer period than one month nor oHence. fined a larger sum than forty shillings. 16. If upon the hearing of a charge for an offence Power of punishable on summary conviction under this Act, or ji's^hlrre under any other Act, whether past or future, the court •■accused .... . without of summary jurisdiction think that though the charge puuish- is proved the offence was in the particular case of so trifling nature that it is inexpedient to inflict any punish- ment, or any other than a nominal punishment, — (1.) The court, without proceeding to conviction, may dismiss the information, and, if the court think fit may order the person charged to pay such damages, not exceeding forty shillings, and such costs of the proceeding, or either of them, as the court think reasonable ; or (2.) The court upon convicting the person charged may discharge him conditionally on his giving 110 SUMMAHY JUL' rSDICrWN ACT, 1879. security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them as the court think reasonable : Provided that this section shall not apply to an adult convicted in pursuance of this Act of an offence of which he has pleaded guilty, and of which he could not, if he had not pleaded guilty, be convicted by a court of summary jurisdiction. Eight to 17. (1.) A person when charged before a court of claim trial ..,.,. . , , p^ . j_ i> ii by jury in Summary jurisdiction with an onence, m respect oi the ^^^ °^ commission of which an offender is liable on summary onences •' otherwise couvictioii to be imprisoned for a term exceedino- three triable , , , . , ^ , ^ . summarily, moutlis, and which IS not an assault, may, on appearing before the court and before the charge is gone into but not afterwards, claim to be tried by a jury, and there- upon the Court of summary jurisdiction shall deal with the case in all respects as if the accused were charged with an indictable offence and not with an offence punishable on summary conviction, and the offence shall as respects the person so charged be deemed to be an indictable offence, and, if the person so charged is com- mitted for trial, or bailed to appear for trial, shall be prosecuted accordingly, and the expenses of the prosecu- tion shall be payable as in cases of felony. (2.) A court of summary jurisdiction, before the charge is gone into in respect of an offence to which this section applies, for the purpose of informing the defen- dant of his right to be tried by a jury in pursuance of this section, shall address him to the following effect : 42 & 43 VICT. C. 49, SS. 18, 19. Ill " You are charged with an offence in respect of the commission of which you are entitled, if you desire it, instead of being dealt with summarily, to be tried by a jury ; do you desire to be tried by a jury ? " with a statement, if the court think such statement desirable for the information of the person to whom the ques- tion is addressed, of the meaning of being dealt with summarily, and of the assizes or sessions (as the case may be) at which such person will be tried if tried by a jury. (3.) This section shall not apply to the case of a child unless the parent or guardian of the child is present ; but the court shall ascertain whether the parent or guar- dian of the child is present, and if he is, shall address the above question to such parent or guardian, and the claim under this section may be made by such parent or guardian. 18, A court of summary jurisdiction shall not, by impiison- cumulative sentences of imprisonment (other than for cases of default of finding sureties) to take effect in succession sel™encer^ in respect of several assaults committed on the same ^°^ *° exceed six occasion, impose on any person imprisonment for the months. whole exceeding six months. 19. Where, in pursuance of any Act, whether past or Appeal future, any person is adjudged by a conviction or order summary of a court of summary jurisdiction to be imprisoned with- to^ggQeral out the option of a fine, either as a punishment for an o»' quarter sessions. offence, or, save as hereinafter mentioned, for failing to do or to abstain from doing any act or thing required to be done or left undone, and such person is not otherwise authorised to appeal to a court of general or quarter sessions, and did not plead guilty, or admit the truth of 112 SUMMARY JURISDICTION ACT, 1879. the information or complaint, he may, notwithstanding anything in the said Act, appeal to a court of general or quarter sessions against such conviction or order : Provided that this section shall not apply where the imprisonment is adjudged for failure to comply with an order for the payment of money, for the finding of sureties, for the entering into any recognizance, or for the giving of any security. Court of 20, (1.) A case arising under this Act, or under any summary ia ii n in iii jurisdic- othcr Act, whether past or future, shall not be heard, at' a petty ^ricd, determined, or adjudged by a court of summary sessional or jurisdiction, exccpt when sitting in an open court. occasional ■"• . court- (2.) Open court means a petty sessional court-house house, &c. . ■, ,1 or an occasional court-house. (3.) A petty sessional court-house means a court- house or other place at which justices are accustomed to assemble for holding special or petty sessions, or which is for the time being appointed as a substitute for such court-house or place ; and where the j ustices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a petty sessional division, means any such court-house or place. (4.) An occasional court-house means such police station or other place as is appointed (as herein-after provided) to be used as an occasional court-house. (5.) The justices of a petty sessional division of a county shall from time to time, at a sessions of which notice has been given to every justice of such division, appoint police stations or other places other than the petty sessional court-house, to be used as occasional court- houses, at which cases may be heard tried determined 42 d- 43 VICT. C. 40, ,S'. 20. 113 and adjudged, and they may from time to time at suoli a sessions as aforesaid vary any police station or place so appointed, and shall cause public notice to be given in such manner as they think expedient of every police station or place for the time being appointed to be used as an occasional court-house. (6.) A court of summary jurisdiction consisting of two or more justices when sitting in a petty sessional court- house is in this Act referred to as a petty sessional court. (7.) Where a case arising under this Act, or under any other Act, whether past or future, is heard tried determined and adjudged by a court of summary juris- diction sitting in an occasional court-house, the period of imprisonment imposed by the conviction or order of such court shall not exceed fourteen days, and the sum adjudged to be paid by the conviction or order of such court shall not exceed twenty shillings ; and a justice of the peace when sitting alone in a petty sessional court- house shall not have power to impose any greater term of imprisonment or adjudge any larger sum to be paid than is above mentioned. (8.) An indictable offence dealt with summarily in pursuance of this Act shall not be heard tried deter- mined or adjudged except by a petty sessional court sitting on some day appointed for hearing indictable offences, of which public notice has been given in such manner as to the justices of the petty sessional division seem expedient, or at some adjournment of such court. (9.) Any case arising under this Act, other than such indictable offence as aforesaid, and any case arising under any future Act which is triable by a court of summary jurisdiction, shall, unless it is otherwise prescribed, be I 114 SUMMARY JURISDICTION ACT, 1879. 11 & 12 Vict. c. 43. heard tried determined and adjudged by a court of summary jurisdiction consisting of two or more justices. (10.) The Lord Mayor of the City of London, and any alderman of the said city, and any metropolitan or borough police magistrate or other stipendiary magis- trate, when sitting in a court-house or place at which he is authorised by law to do alone any act authorised to be done by more than one justice of the peace, shall, for the purposes of this Act, be deemed to be a court of summary jurisdiction consisting of two or more justices, and also to be a court of summary jurisdiction sitting in a petty sessional court-house, and is in this Act included in the expression " petty sessional court." (11.) A court of summary jurisdiction, when not a petty sessional court, may, without prejudice to any other power of adjournment which the court may possess, adjourn the hearing of any case to the next practicable sitting of a petty sessional court in the same manner in all respects as a justice is authorised to adjourn the hearing of a case under section sixteen of the Summary Jurisdiction Act, 1818. Special provisions as to war- rants of commit- ment for non-pay- ment of sums of money, and as to war- rants of distress. 21. (1.) A court of summary jurisdiction to whom application is made either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for committing a person to prison for nonpayment of a sum of money adjudged to be paid by a conviction, or in the case of a sum not a civil debt by an order, or for default of sufficient dis- tress to satisfy any such sum, may, if the court deem it expedient so to do, postpone the issue of such warrant until such time and on such conditions, if any, as to the court may seem just. 42 cfc 43 VICT. C. 49, ;S'. 21. 11.") (2.) The wearing apparel and bedding of a person and his family, and, to the value of five pounds, the tools and implements of his trade, shall not be taken under a distress issued by a court of summary juris- diction. (3.) Where a person is adjudged by the conviction of a court of summary jurisdiction, or in the case of a sum not a civil debt by an order of such court, to pay any sum of money, and on default of payment of such sum a warrant of distress is authorised to be issued, and it appears to the court of summary jurisdiction to whom application is made to issue such warrant that such person has no goods whereon to levy the distress, or that in the event of a warrant of distress being issued his goods will be insufficient to satisfy the money payable by him, or that the levy of the distress will be more in- jurious to him or his family than imprisonment, such court, instead of issuing such warrant of distress, may, if it think fit, order the said person on nonpayment of the said sum to be imprisoned for any period not exceeding the period for which he is liable under such conviction or order to be imprisoned in default of sufficient distress. (4.) Where on application to a court of summary jurisdiction to issue a warrant for committing a j^erson to prison for nonpayment of a sum adjudged to be paid by a conviction of any court of summary jurisdiction, or in the case of a sum not a civil debt by an order of such court, or for default of sufficient distress to satisfy any such sum, it appears to the court to whom the applica- tion is made that either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent I 2 116 SUMMABY JUniSDTCTION ACT, 1879. that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the convic- tion or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the court shall, by its warrant of commitment , revoke the term of imprisonment, and order the defen- dant to be imprisoned for a term not exceeding such less maximum term, instead of for the term originally mentioned in the conviction or order. Supplemental Provisions. Register of 22, (1.) The clerlv of every court of summary juris- summary dictiou sliall keep a register of the minutes or memo- juris )c- randums of all the convictions and orders of such court, and of such other proceedings as are directed by a rule under this Act to be registered, and shall keep the same with such particulars and in such form as may be from time to time directed by a rule under this Act. (2.) Such register, and also any extract from such register certified by the clerk of the court keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of inform- ing a court of summary jurisdiction acting for the same county borough or place as the court whose convictions orders and proceedings are entered in the register ; but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when re- quired to be proved against a person charged with another offence. (3.) The register kept by any particular clerk, in pursuance of this section, may be distinguished by the 413 iC; 43 VICT. C. 49, S. 23. 117 name of his petty sessional division, or by such name or description as may be directed by a rule under this Act. (4.) The entries relating to each minute memorandum or proceeding shall be either entered or signed by the justice or one of the justices constituting the court by or before whom the conviction or order or proceeding re- ferred to in the minute or memorandum was made or had, except that when a court of summary jurisdiction is not a petty sessional court a return signed as aforesaid, and made and entered in the register in manner pro- vided by a rule under this Act, shall suffice. (5.) Every sum paid to the clerk of a court of sum- mary jurisdiction in accordance with the Summary Jurisdiction Acts, and the appropriation of such sum, shall be entered and authenticated in such manner as may be from time to time directed by a rule under this Act. (6.) Every such register shall be open for inspection, without fee or reward, by any justice of the peace, or by any person authorised in that behalf by a justice of the "peace or by a Secretary of State. 23. (1.) A person shall give security under this Act, Reguia whether as principal or surety, either by the deposit of money with the clerk of the court, or by an oral or *^'^^" ^^ "^ pursuance written acknowledgment of the undertaking or condition of Act. by which and of the sum for which he is bound, in such manner and form as may be for the time being directed by any rule made in pursuance of this Act, and evidence of such security may be provided by entry thereof in the register under this Act of proceedings of a court of summary jurisdiction or otherwise as may be directed by such rule. tions as to securities 118 S UMMAR Y JURISDICTION A CT, 1879. (2.) Any sum which may become due in pursuance of a security under this Act from a surety shall be recover- able summarily, in manner directed by this Act with respect to a civil debt, on complaint by a constable or by the clerk of the court directing such security to be given, or by some other person authorised for the purpose by that court or any other court of summary jurisdiction for the same county borough or .place. (3.) A court of summary jurisdiction may enforce payment of any sum due by a principal in pursuance of a security under this Act which appears to such court to be forfeited, in like manner as if that sum were adjudged by a court of summary jurisdiction to be paid as a fine which the statute provides no mode of enforcing, if the security was given for a sum adjudged by a con- viction, and in any other case in like manner as if it were a sum adjudged by a court of summary jurisdiction to be paid as a civil debt ; provided that before a warrant of distress for the sum is issued, such notice of the forfeiture shall be served on the said principal, and in such manner as may be directed for the time being by rules under this Act, and subject thereto by the court authorising the security, or by any court to whom application is made for the issue of the warrant. (4.) Any sum paid by a surety on behalf of his prin- cipal in respect of a security under this Act, together with all costs charges and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be recovered before a court of summary jurisdiction in manner directed by this Act with respect to the recovery of a civil debt which is recoverable summarily. (5.) Where security is given under this Act for pay- 42 & 43 VWT. a 49, >S'. 24. 1 19 ment of a sum of money, the payment of such sum shall be enforced by means of such security in substitution for other means of enforcing such payment. 24. (1.) Where a person is charged before a court of Power of summary jurisdiction with an indictable offence with summary which a court of summary iurisdiction has or may have J"i'sdictiou -^ '' •'to remand under the circumstances in this Act mentioned power foi" in- to deal summarily, the court before whom such person is offences. charged, without prejudice to any other power that it may possess, — (a.) may, for the purpose of ascertaining whether it is expedient to deal with the case summarily, either before or during the hearing of the case, from time to time adjourn the case and remand the person accused ; and (h.) if such court is not at the time of the charge a petty sessional court, and the court think the case proper to be dealt with summarily, may adjourn the case and remand the person ac- cused until the next practicable sitting of a petty sessional court. (2.) A person may be remanded under this section in like manner in all respects as a person accused of an in- dictable offence may be remanded under section twenty- one of the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty- two, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to persons charged with indictable offences," with this addition, that where he is remanded to the next practicable sitting of a petty sessional court he may be remanded for more than eight days. peace 120 SUMMARY JURISDICTION ACT, 1879. i'io('e(iuie 25. The power of a court of summary jurisdiction, before i • /. t i court of upon complaint of any person, to adjudge a person to j||™j|)|/ enter into a recognizance and find sureties to keep the tion in case pg^ce or to be of ffood behaviour towards such first- ot sureties ■■■ " to keep the mentioned person, shall be exercised by an order upon complaint, and the Summary Jurisdiction Acts shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross- examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint. The court may order the defendant, in default of com- pliance with the order, to be imprisoned for a period not exceeding, if the court be a petty sessional court, six months, and if the court be a court of summary jurisdic- tion other than a petty sessional court, fourteen days. Power of 26. Where a person has been committed to prison by sk^nli court a court of summary jurisdiction for default in finding with re spect to sureties, any petty sessional court for the same county varying borough or place may, on application made to them in sureties. manner directed by a rule made in pursuance of this Act, by him or by some one acting on his behalf, inquire into the case of the person so committed, and if upon new evidence produced to such court or proof of a change of circumstances the court think, having regard to all the circunstances of the case, that it is just so to do, they may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as the court may think just. Regula- 27. Where an indictable olfence is under the circum- indictabi^e stauccs in this Act mentioned authorised to be dealt offences ^^.j^j^ summarily,— dealt with ♦' suniniarilv. 42 ifc 43 VWT. C. 4U, -S'. 26. 121 (1.) The procedure shall, until the court assume the power to deal with such offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indict- able offence, but when and so soon as the court assume the power to deal with such offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary convic- tion and not on indictment, and the provisions of the Acts relating to offences punishable on summary conviction shall apply accordingly ; and (2.) The evidence of any witness taken before the court assumed the said power need not be taken again, but every such witness shall, if the defendant so require it, be recalled for the purpose of cross-examination ; and (3.) The conviction for any such offence shall be of the same effect as a conviction for the offence on indictment, and the court may make the like order for the restitution of property as might have been made by the court before whom the person convicted would have been tried if he had been tried on indictment ; and (4.) Where the court have assumed the power to deal with the case summarily, and dismiss the information, they shall, if required, deliver to the person charged a copy certified under their hands of the order of such dismissal, and such dismissal shall be of the same effect as an acquittal on a trial on indictment for the offence ; and 122 SUMMARY JURISDICTION ACT, 1879. (5.) The conviction shall contain a statement either as to the plea of guilty of an adult, or in the case of a child as to the consent or otherwise of his parent or guardian, and in the case of any other person of the consent of such person, to be tried by a court of summary jurisdiction ; and (6.) The order of dismissal shall be transmitted to and filed by the clerk of the peace in like manner as the conviction is required by the Suminary Jurisdiction Act, 1848, to be trans- mitted and filed, and together with the order of dismissal or the conviction, as the case may be, there shall be transmitted to and filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused. Cost of prosecu- tion of indictable offences dealt with summarily. 28. Where an indictable offence (the expenses of the prosecution of which would otherwise have been payable out of the local rate) is dealt with summarily in pur- suance of this Act by a court of summary jurisdiction, the expenses of the prosecution of such offence shall be payable in manner provided by this section. The court dealing summarily with any such indictable offence may, if it seem fit, grant to any person who preferred the charge, or appeared to prosecute or give evidence, a certificate of the amount of the compensation which the court may deem reasonable for his expenses, trouble, and loss of time therein, subject, nevertheless, to Buch regulations as may be from time to time made by a Secretary of State with respect to the payment of costs in the case of indictable offences ; and the amount named 42 & 43 VICT. C. 49, S. 29. 123 in the certificate may include the fees payable to the clerk of the court of summary jurisdiction, and the fees payable to the clerk of the peace for filing the conviction depositions and other documents required to be filed by him under this Act, and such other expenses as are by law payable when incurred before a commitment for trial ; and every certificate so granted shall have the effect of an order of court for the payment of the expenses of a prosecution for felony, made in pursuance of the Act of the seventh year of King George the Fourth, chapter sixty -four, intituled " An Act for im- proving the administration of criminal justice in Eng- land, " and the Acts amending the same, and the amount named in such certificate shall be paid in like manner as the expenses specified in such order would have been paid. 29. (1.) The Lord High Chancellor of Great Britain Power of may from time to time make, and when made, rescind chancellor alter and add to, rules in relation to the following matters, *» ™a,ke ° ' rules. or any of them ; that is to say, (a.) The giving security under this Act ; and (&.) The forms to be used under the Summary Juris- diction Acts, or any of them, including the forms of any recognizance mentioned in this Act; and (c.) The costs and charges payable under distress warrants issued by a court of summary juris- diction ; and (d.) Adapting to the provisions of this Act and of the ii & 12 Summary Jurisdiction Act, 1848, the procedure ^ ''^*" *^" '^^' before courts of summary jurisdiction under any Act passed before the Summary Jurisdiction 11 & 12 Act, 1848 ; and ^'^t- '-■■ 43- 12-1 SUMMARY J UltltiDWTION ACT, 187'J. (e.) Eegulating the form of the account to be rendered by clerks of courts of summary jurisdiction of fines fees and other sums received by them, and providing for the discontinuance of any existing account rendered unnecessary by the aforesaid account ; and (/.) Any other matter in relation to which rules are authorised or required to be made under or for the purpose of carrying into effect this Act. (2.) The Lord Chancellor may, in the exercise of the power given him by this section, annul alter or add to 11 & 12 any forms contained in the Summary Jurisdiction Act, 1848, or any forms relating to summary proceedings con- tained in any other Act. (3) Any rule purporting to be made in pursuance of this section shall be laid before both Houses of Parlia- ment as soon as may be after it is made, if Parliament be then sitting, or if not then sitting, within one month after the commencement of the then next session of Parliament, and shall be judicially noticed. Power to 30. Where the justices in general or quarter sessions ^ett •'^'^ assembled or the council of any borough have authority sessional to hire or otherwise provide a fit and proper place for house. holding petty sessions of the peace, such justices or council shall have power to provide a petty sessional court-house within the meaning of this Act, by the purchase or other acquisition of land and the erection of a proper building thereon ; and all enactments relating to the provisionof such place and to the raising of the money for defraying the expense of the provision of such place shall apply accordingly. 42 (& 43 VICT. C. 49, S. 31. 125 PAET 11. AMENDMENT OF PROCEDURE. 31. Where any person is authorised by this Act or by Procedure any futnre Act to appeal from the conviction or order of to general a court of summary iurisdiction to a court of e^eneral or °^" ^i"^^*^"^ J >> D sessions. quarter sessions, he may appeal to such court, subject to the conditions and regulations following : (1.) The appeal shall be made to the prescribed court of general or quarter sessions [B. v. London J J., 15 East, 632 ; R. v. Turnock, 2 Salk. 474, ante, page 9], or if no court is prescribed, to the next practicable court of general or quarter sessions having jurisdiction in the county, borough, or place for which the said court of summary jurisdiction acted [South Molton Case, Sldnner, 222 ; Burr. Sett, ante, page 9], and holden not less than fifteen days [R. v. YorJcs. W. R. J J., 4 B. & A. 685, ante, page 12, note (t) ; as to Sunday, a7ite, page 22] after the day on which the decision was given upon which the convic- tion or order was founded ; and (2.) The appellant shall, within the prescribed time, or if no time is prescribed within seven days [R. V. YorJcs. W. R. J J., supra^ after the day on which the said decision of the court was given, give notice ; [in giving notice {other than against a conviction) the 12 & 13 Viet. c. 45, s. 1 {Baines Act), ante, page 81, should he referred to. See Lindley, J., remarks in R. v. Shropshire JJ., 6 Q. B. B. 669 ; ante, page 14] of appeal by serv- ing on the other party ; [as to service of notice, see 12G SUMMABY JUIUSDICTION ACT, 1879. ante, page 26], and on the clerk of the said court of summary jurisdiction notice in writing of his intention to appeal, and of the general grounds of such appeal; \_as to uliat grounds are necessary, see ante, pages 33, 34] ; and (3.) The appellant shall, within the prescribed time, or if no time is prescribed within three days [B. V. Yorhs. W. R., supra] after the day on which he gave notice of appeal, enter into a recognizance before a court of summary juris- diction with or witliout a surety or sureties as that court may direct, conditioned to appear at the said sessions and to try such appeal, and to abide the judgment of the court of appeal thereon, and to pay such costs as may be awarded by the court of appeal, or the ap- pellant may, if the court of summary jurisdic- tion before whom the appellant appears to enter into a recognizance think it expedient, instead of entering into a recognizance, give such other security, by deposit of money with the clerk of the court of summary jurisdiction or otherwise as that court deem sufficient ; and (4.) Where the appellant is in custody, the court of summary jurisdiction before whom the appellant appears to enter into a recognizance may, if the court think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody ; and (5.) The court of appeal may adjourn the liearing of the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the court of summary jurisdiction or remit the 42 & 43 VICT. C. 49, *S'. 31. 127 matter, with the opinion of the court of appeal thereon, to a court of summary jurisdiction acting for the same county borough or place as the court by whom the conviction or order appealed against was made, or may make such other order in the matter as the court of appeal may think just, and may by such order exercise any power which the court of summary juris- diction might have exercised, and such order shall have the same effect, and may be enforced in the same manner, as if it had been made by the court of summary jurisdiction. The court of appeal may also make such order as to costs to be paid by either party as the court may think just ; and (6.) Whenever a decision is not confirmed by the court of appeal, the clerk of the peace shall send to the clerk of the court of summary jurisdiction from whose decision the appeal was made, for entry in his register, and also indorse on the conviction or order appealed against, a memo- randum of the decision of the court of appeal, and whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the said decision in every case where such copy or certificate would be sufficient evidence of such conviction or order ; and (7.) Every notice in writing required by this section to be given by an appellant shall be in writing signed by him, or by his agent on his behalf, and may be transmitted as a registered letter 128 SUMMABY JUniSDICriOX ACT, 1879. by the post in the ordinary way, [as to letter delivered on Sunday, see Asprell v. Lancashire J J., ]6 Jur, Q. B. 1067; ante, page 28], and shall be deemed to have been served at the time when it would be delivered in the ordinary course of the post. Application 32. Where a person is authorised by any past Act sions°re- to apjjcal from the conviction or order of a court of specting summary iurisdiction to a court of general or quarter appeals to •' -^ o i quarter scssious he may appeal to such court, subject to the appeals Conditions and regulations contained in this Act with Acts^"^ ^^^'^"^ respect to an appeal to a court of general or quarter sessions : Provided that where any such appeal is in accordance with the conditions and regulations prescribed by the Act authorising the appeal, so far as the same is unre- pealed, such appeal shall not be deemed invalid by reason only that it is not in accordance with the con- ditions and regulations contained in this Act. AVhere any past Act, so far as unrepealed, prescribes that any appeal from the conviction or order of a court of summary jurisdiction shall be made to the next court of general or quarter sessions, such appeal may be made to the next practicable court of general or quarter ses- sions having jurisdiction in the county borough or place for which the court of summary jurisdiction acted, and held not less than fifteen days after the day on which the decision was given upon which the conviction or order appealed against was founded. "Where some conditions precedent are enacted in the Act authorizing the appeal, it seems that if these be complied with it will suffice, see R. v. Nontgomeri/shire JJ.. 51 L. J. M. C. 95, 42 & 43 VICT, a 49. 129 ante, p. 13; B. v. Shropshire JJ., G Q. B. D. 6G9, 46 J. P. 19G, mife, p. 14 ; but care should be taken -wheii tlie decision appealed against is not a conviction, &c., to give the notice required in 12 & 13 Vict. c. 45, s. 1 (Baines' Act), ante, p. 81. 33. (1.) Any person aggrieved who desires to question Appeal a conviction, order, determination, or other proceeding of ofsummary a court of summary jurisdiction, on the ground that it is J^^'s'^iction •'J ' o by special erroneous in point of law, or is in excess of jurisdiction, case. may apply to the court to state a special case setting forth the facts of the case and the grounds on which the proceeding is questioned, and if the court decline to state the case, may apply to the High Court of Justice for an order requiring the case to be stated. (2.) The application shall be made and the case stated within such time and in such manner as may be from time to time directed by rules under this Act, and the case shall be heard and determined in manner prescribed by rules of court made in pursuance of the Supreme Court of Judicature Act, 1875, and the Acts amending 38 & 39 Vict c 77 the same ; and, subject as aforesaid, the Act of the session of the twentieth and twenty-first year of the reign of Her present Majesty, chapter forty-three, intituled " An " Act to improve the administration of the law so far *' as respects summary proceedings before justices of the " peace," shall, so far as it is applicable, apply to any special case stated under this section, as if it were stated under that Act : Provided that nothing in this section shall prejudice the statement of any special case under that Act. 34. (1.) Where a power is given by any future Act to Summary a court of summary jurisdiction of requiring any person to do or abstain from doing any act or thing other than K 130 SUMMARY JURJtiDJCTlON ACT, 1879. the payment of money, or of requiring any act or thing to be done or left undone other tlian the payment of money, and no mode is prescribed of enforcing such requisition, the court may exercise such power by an order or orders, and may annex to any such order any con- ditions as to time or mode of action which the court may think just, and may suspend or rescind any such order on such undertaking being given or condition being per- formed as the court may think just, and generally may make such arrangement for carrying into effect such power as to the court seems meet. (2.) A person making default in complying with an order of a court of summary jurisdiction in relation to any matter arising under any future Act other than the payment of money, shall be punished in the prescribed manner, or if no punishment is prescribed, may in the discretion of the court be ordered to pay a sum (to be enforced as a civil debt recoverable summarily under this Act) not exceeding one pound for every day during which he is in default, or to be imprisoned until he has remedied his default : Provided that a person shall not, for non-compliance with the requisition of a court of summary jurisdiction, whether made by one or more orders, to do or abstain from doing any act or thing, be liable under this section to imprisonment for a period or periods amounting in the aggregate to more than two months, or to the payment of any sums exceeding in the aggregate twenty pounds. Recovery of civil debts in court of summary jurisdic- tion. 35. Any sum declared by this Act, or by any future Act, to be a civil debt, whicli is recoverable summarily, or in respect of the recovery of which jurisdiction is given by isuch Act to a court of summary jurisdiction, shall be 42 tfc 48 VICT. C. 49. 131 deemed to be a sum for payment of which a court of sum- mary jurisdiction has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction Acts : Provided as follows : (1.) A warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint ; and (2.) An order made by a court of summary jurisdiction for the payment of any such civil debt as afore- said or of any instalment thereof, or for the payment of any costs in the matter of any such complaint, whether ordered to be paid by the complainant or defendant, shall not, in default of distress or otherwise, be enforced by imprison- ment, unless it be proved to the satisfaction of such court or of any other court of summary jurisdiction for the same county borough or place, that the person making default in pay- ment of such civil debt instalment or costs either has or has had since the date of the order the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same, and in any such case the court shall have the same power of imprisonment as a county court would for the time being have under the Debtors Act, 32 & 33 1869, for default of payment if such debt had been recovered in that court, but shall not have any greater power. Proof of the means of the person making default may be given in such manner as the court to whom application is made for the commitment to prison think just, and for the purposes of such proof the person K 2 132 a UMMAB Y J URISDIVTION A (Jl\ 1879. making default and any witnesses may be summoned and examined on oath according to the rules for the time being in force under this Act in relation to the summon- ing and examination of witnesses, or if no such rules are in force, to the rules for the like purpose made in pursu- 38 & 39 ance of the Employers and Workmen Act, 1875. Vict. c. 90. Summons 36. Where a court of summary jurisdiction for any of witness , , , i n i . • when out county borough or place would have power to issue a "urisdiction summons to a witness, if such witness were within the of a court gg^^j couuty borough or place, and such witness is believed ofsummary '' o j. . jurisdic- to be within some other county borough or place m Eng- land, such court may issue a summons to such witness in like manner as if such witness were within the jurisdiction of such court ; and any court of summary jurisdiction for the county borough or place in which the witness may be, or be believed to be, may, on proof on oath, or such solemn declaration as provided by this Act, of the signa- ture to the summons, indorse the summons, and the witness, on service of the summons so indorsed and on payment or tender of a reasonable amount for his expenses, shall obey the summons, and in default shall be liable to be apprehended or otherwise proceeded against either in the county borough or place in which the summons was issued, or in that in which the witness may happen to be, 11 & 12 in manner directed by the Summary Jurisdiction Act, ]ct. c. 4. . jg^g^ g^g ^£ ^ViOki witness had been duly summoned by a court of summary jurisdiction for the county borough or place in which such witness is apprehended or proceeded against. Summons 37. A waiTaut or summons issued by a justice of the notTvo?d°ed peace under the Summary Jurisdiction Act, 1848, or any by death ^thcr Act, whether past or future, or otherwise, shall not ot justice, ^ ^ ' &c. 42 cfc 43 VICT, a 49. 133 be avoided by reason of the justice who signed the same dying or ceasing to hold office. 38. A person taken into custody for an offence without Bail of a warrant shall be brought before a court of summary arrested jurisdiction as soon as practicable after he is so taken into Warrant * custody, and if it is not or will not be practicable to bring him before a court of summary jurisdiction within twenty-four hours after he is so taken into custody, a superintendent or inspector of police, or other officer of police of equal or superior rank, or in charge of any police station, shall inquire into the case, and except where the offence appears to such superintendent inspector or officer to be of a serious nature, shall discharge the prisoner, upon his entering into a recognizance, with or without sureties, for a reasonable amount to appear before some court of summary jurisdiction at the day time and place named in the recognizance. 39. The following enactments shall apply to pro- Provisions ceedings before courts of summary jurisdiction; (that is ceedings, to say,) 1. The description of any offence in the words of the Act, or any order, bye-law, regulation, or other document creating the offence, or in similar words, shall be sufficient in law ; and 2. Any exception, exemption, proviso, excuse, or quali- fication, whether it does or does not accompany in the same section the description of the offence in the Act, order, bye-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in &c. 134 SUMMARY JUBISDIOTION ACT, 1879. relation to the matter so specified or negatived shall be required on the part of the informant or complainant ; and 3. A warrant of commitment shall not be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted or ordered to do or abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same ; and 4. A warrant of distress shall not be deemed void by reason only of any defect therein, if it be therein alleged that a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser from the beginning by reason only of any defect in the warrant, or of any irregularity in the execution of the warrant, but this enact- ment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress, so however that if amends are tendered before action brought, and if the action is brought are paid into court in the action, and the plaintiff does not recover more than the sum so tendered and paid into court, the plaintiff shall not be entitled to any costs incurred after such tender, and the defendant shall be entitled to costs, to be taxed as between solicitor and client ; and 5. All forfeitures not pecuniary which are incurred in respect of an offenr-e triable by a court of sum- 42 A- 43 VICT. C. 49. 135 mary jurisdiction, or which may be enforced by a court of summary jurisdiction, may be sohl or disposed of in such manner as the court having cofrnizauce of the case or anv other court of sum- mary jurisdiction for the same county borough or place may direct, and the proceeds of such sale shall be applied in the like manner as if the proceeds were a fine imposed under the Act on Avhich the proceeding for the forfeiture is founded. 40. A writ of certiorari or other writ shall not be Case uom ■ • 1 1 quarter required for the removal of any conviction, order, or other sessions determination, in relation to w hich a special case is stated certiorari. by a court of general or quarter sessions for obtaining the judgment or determination of a superior court. 41. In a proceeding within the jurisdiction of a court Proof by ... . -T declaration of summary jurisdiction, without prejudice to any other of service mode of proof, service on a person of any summons, notice, hand-"*^*^*^' process, or document required or authorised to be served, r'^"'*'"^' and the handwriting and seal of any justice of the peace or other officer or person on any warrant, summons, notice, process, or document, may be proved by a solemn decla- ration taken before a justice of the peace, or before a com- missioner to administer oaths in the Supreme Court of Judicature, or before a clerk of the peace or a registrar of a county court ; and any declaration purporting to be so taken shall, until the contrary is shown, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceeding, without proof of the signature or of the official character of the person or persons taking or signing the same ; and the fee, if auy, for taking such declaration shall be such 136 SUMMARY JURISDICTION ACT, l87'J. Recogni- zances taken out of court. Procedure on the execution of distress warrants. sum, not exceeding one shilling, as may be directed by rules made in pursuance of this Act, and any such fee shall be costs in the matter or proceeding to which it relates. The declaration may be in the form provided by a rule under this Act, and if any declaration made under this section is untrue in any material particular, the person wilfully making such false declaration shall be guilty of wilful and corrupt perjury. 42. When a court of summary jurisdiction has fixed, as respects any recognizance, the amount in which the principal and the sureties (if any) are to be bound, the recognizance, notwithstanding anything in this or any other Act, need not be entered into before such court, but may, subject to any rules made in pursuance of this Act, be entered into by the parties before any other court of summary jurisdiction or before any clerk of a court of summary jurisdiction, or before a superintendent or inspector of police or other officer of police of equal or ' superior rank or in charge of any police station, or where any of the parties is in prison, before the governor or other keeper of such prison ; and thereupon all the con- sequences of law shall ensue, and the provisions of this Act with respect to recognizances taken before a court of summary jurisdiction shall apply, as if the recognizance had been entered into before the said court as heretofore by law required. 43. The following regulations shall be enacted with respect to warrants of distress issued by a court of sum- mary jurisdiction : (1.) A warrant of distress shall be executed by or under the direction of a constable ; and 42 & 43 VICT. C. 49. 137 (2.) Save so far as the person against whom the distress is levied otherwise consents in writing, the distress shall be sold by public auction, and five clear days at the least shall intervene between the making of the distress and the sale, and where written consent is so given as aforesaid the sale may be made in accordance with such consent ; and (3.) Subject as aforesaid, the distress shall be sold within the period fixed by the warrant, and if no period is so fixed then within the period of fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the said distress, are sooner paid ; and (4.) Subject to any directions to the contrary given, by the warrant of distress, where the distress is levied on household goods, the goods shall not, except with the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods shall be impounded as are in the opinion of the person executing the warrant sufficient to satisfy the distress by affixing to the articles impounded a conspicuous mark ; and any person removing any goods so marked, or defacing or removing the said mark, shall on summary conviction be liable to a fine not exceeding five pounds ; and (5.) Where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress. 138 SUMMARY JURISDICTION ACT, 1879. or otherwise exacts, any greater costs and charges than those to which he is for the time being entitled by law, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding five pounds ; and (6.) A written account of the costs and charges incurred in respect of the execution of any warrant' of distress shall bo sent by the constable charged with the execution of the warrant as soon as practicable to the clerk of the court of summary jurisdiction issuing the warrant ; and it shall be lawful for the person upon whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward at any reasonable time to be appointed by the court, and to take a copy of such account ; and (7.) A constable charged with the execution of a war- rant of distress shall cause the distress to be sold, and may deduct out of the amount realised by such sale, all costs and charges actually in- curred in effecting such sale, and shall render to the owner the overplus, if any, after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of the execution of the warrant ; and (8.) Where a person pays or tenders to the constable charged with the execution of a warrant of distress the sum mentioned in such warrant, or produces the receipt for the same of the clerk of the court of summary jurisdiction issuing the warrant, and also pays the amount of the 42 (t 43 VICT, a 40. 139 costs and charges of such distress up to the time of such payment or tender, the constable shall not execute the warrant. 44. Where any property has been taken from a person Return by charged before a court of summary jurisdiction with any co^.^ of offence punishable either on indictment or on summary J^J'^J^'fj,^ conviction, a report shall be made by the police to such prisoner. court of summary jurisdiction of the fact of such property having been taken from the person charged and of the particulars of such property, and the court shall, if of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the person charged, direct such property, or any portion thereof, to be returned to the person charged or to such other person as he may direct. 45. Where a person is charged with an indictable Local juris- •"■ " , diction of offence mentioned in the First Schedule to this Act court IP , n • • T !• f J. under this beiore a court oi summary jurisdiction tor any county ^^^t. borough or place, and the court have jurisdiction to commit such person for trial in such county borough or place, although the offence was not committed therein, such court shall also have jurisdiction to deal with the offence summarily in pursuance of this Act. 46. For the purposes of the trial of any offence General • 1 1 1 • • 1 1 • i provisions punishable on summary conviction under this Act or as to local under any other Act, whether past or future, the following {^on^of^' provisions shall have effect — courts of '- summary (1.) Where the offence is committed in any harbour, jurisdic- river, arm of the sea, or other water, tidal or otherwise, which runs between or forms the boundary of the juris- diction of two or more courts of summary jurisdiction, such offence may be tried by any one of such courts. 140 SUMMA R Y JURISDICTION A CT, 1879. (2.) Where the offence is committed on the boundary of the jurisdiction of two or more courts of summary jurisdiction, or within the distance of five hundred yards of any such boundary, or is begun within the jurisdiction of one court and completed within the jurisdiction of another court of summary jurisdiction, such offence may be tried by any one of such courts. (3.) Where the offence is committed on any person or in respect of any property in or upon any carriage, cart, or vehicle whatsoever employed in a journey, or on board any vessel whatsoever employed in a navigable river, lake, canal, or inland navigation, the person accused of such offence may be tried by any court of summary juris- diction through whose jurisdiction such carriage, cart, vehicle, or vessel passed in the course of the journey or voyage during which the offence was committed ; and where the side, bank, centre, or other part of the high- way, road, river, lake, canal, or inland navigation along which the carriage, cart, vehicle, or vessel passed in the course of such journey or voyage is the boundary of the jurisdiction of two or more courts of summary jurisdiction, a person may be tried for such offence by any one of such courts. (4.) Any offence which is authorised by this section to be tried by any court of summary jurisdiction may be dealt with, heard, tried, determined, adjudged, and punished as if the offence had been wholly committed within the jurisdiction of such court. 42 ifc 43 VICT. C. 49. 141 PART III. Definition, Savings, and Repeal of Acts. Special Definitions. 47. The provisions of this Act with respect to a sum Applica- adjudged to be paid by an order shall apply, so far as to sums circumstances admit, to a sum in respect of which a court ^^^'^'^^^ ^y ' i distress or of summary jurisdiction can issue a warrant of distress payable under without an information or complaint under the Summary order. Jurisdiction Act, 1848, in like manner as if the said sum }} ^ ^^ ' ' _ Vict. c. 43 were a civil debt ; and the provisions of this Act with respect to the hearing, trying, determining, and adjudging of a case by a court of summary jurisdiction when sitting in open court shall apply to the hearing, trying, deter- mining, and adjudging by a court of summary jurisdic- tion of an application for the issue of any such warrant. The provisions of this Act with respect to the period of imprisonment to be imposed in respect of the non-payment of a sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum, shall apply to the period of imprisonment to be imposed in respect of the non-payment of any sum of money adjudged to be paid by an order of a court of summary jurisdiction or in respect of the default of a sufficient distress to satisfy any such sum, where such sum is not a civil debt, nor enforceable as a civil debt. 48. Anything required by this Act to be done bv, to ^^ *» clerk •t n 'iii> p ••T-'i ^^ court of or beiore a clerk oi a court oi summary jurisdiction shall summary be done by, to or before the salaried clerk to a petty ^^l^ '^' sessional division under section five of the Justices' Clerks 40 & 4i Vict. c. 43. 142 SUMMARY JUBISBICTION ACT, 1879. Act, 1877, and where there is more than one such clerk, by either of such clerks or by such of those clerks as a court of summary jurisdiction for such division from time to time direct ; and if any other person acts as the clerk to a court of summary jurisdiction acting in and for such division, such person, subject to any rules made under this Act, shall be deemed for the purposes of this Act to have acted as the deputy of such salaried clerk, and shall make a return to the said salaried clerk of all matters done by such court and of all matters which the clerk of the court is required to enter in a register or otherwise to record : Provided, that nothing in this section shall apply where the court of summary jurisdiction is a court to 40 & 41 whose clerk section five of the Justices' Clerks Act, 1877, Vict. C. 43. 1 . . r 1 1 does not apply ; that is to say, the justices of a borough, or a metropolitan police court, or any stipendiary or other magistrate the salary of whose clerk is regulated under any Act of Parliament, other than the Justices' 40 & 41 Clerks Act, 1877, and the principal Act therein men- Vict. c. 43. tioned. Special 49. In this Act, if not inconsistent with the context, definitions m • • i ^ • ^ • fj. for pur- the following expressions have the meanings hereinafter thric't. respectively assigned to them ; that is to say. The expression " Secretary of State " means one of Her Majesty's Principal Secretaries of State : The expression " child " means a person who in the opinion of the court before whom he is brought is under the age of twelve years : The expression " young person " means a person who in the opinion of the court before whom he is brought is of the age of twelve years and under the age of sixteen years : 42 cfc 43 VJCT. C. 49. 143 The expression '' adult " means a person wlio in the opinion of the court before whom he is brought is of the age of sixteen years or upwards : The expression " person " includes a child, young person, and adult, and also includes a body cor- porate : The expression " guardian, " in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in which a child is concerned, has for the time being the charge of or control over such child : The expression " jjrescribed " means prescribed or pro- vided by any Act which relates to any offences, penalties, fines, costs, sums of money, orders, pro- ceedings, or matters, to the punishment, recovery, making, or conduct of which the Summary Jurisdic- tion Acts expressly or impliedly apply or may be applied : The expression " past Act " means any Act passed before the commencement of this Act, exclusive of this Act : The expression " future Act " means any Act passed after the commencement of this Act : The expression " fine " includes any pecuniary j)enalty or pecuniary forfeiture or pecuniary compensation payable under a conviction : The expression " county " includes any county, riding, division, parts, or liberty of a county having a sepa- rate court of quarter sessions : The expression " borough " means a borough subject to the provisions of the Municipal Corporations Act, 5 & 6 w. 1835, and the Acts amending the same : The expression '* local rate " means as respects any 1 44 SUMMAB Y JUn TSDIC'TION A CT, 1879. county borough or place, any county rate, borough rate, or other local rate out of which the costs of the prosecution of any felony committed within such county borough or place are payable : The expressions " sum adjudged to be paid by a conviction " and " sum adjudged to be paid by an order" respectively include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order. General Definitions. General 50. In this Act and any future Act, if not incon- appHcaWe sistcut with the context, the following expressions shall to this and j^^yg ^j^g meanings hereinafter respectively assigned to Acts. them ; that is to say, 11 & 12 The expression " The Summary Jurisdiction Act, V^icti c 43 1848," shall mean the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders " : The expression " The Summary Jurisdiction Acts " and the expression " The Summary Jurisdiction (English) Acts " shall respectively mean the Sum- 11 & 12 mary Jurisdiction Act, 1848, and this Act and any Act, past or future, amending the Summary Juris- 11 & 12 diction Act, 1848, or this Act : The expression " court of summary jurisdiction " shall mean — Any justice or justices of the peace or other magis- 42 & 43 VICT, a 49. 145 trate, by whatever name called, to whom juris- diction is given by or who is or are authorised to act under the Summary Jurisdiction Acts or any of such Acts : In any future Act, if not inconsistent with the con- text — The expression " petty sessional court " shall have the same meaning as it has in this Act : The expression " occasional court-house " shall mean such police station or other place as is for the time being appointed in pursuance of this Act to be used as an occasional court- house. Apjolieation of Acts. 51. The following regulations shall be made for the Appiica- y purpose of facilitating the application of the Summary summar Jurisdiction Acts to any future Act ; that is to say. Jurisdic- tion Acts (1.) Where in any future Act, any offence is directed to future or authorised to be prosecuted summarily or on summary conviction, or any fine is directed or authorised to be recovered summarily or on summary conviction, or any other words are used implying that such offence is to be prose- cuted or fine is to be recovered in manner provided by the Summary Jurisdiction Acts, the Summary Jurisdiction Acts shall apply accordingly; and (2.) Where in any future Act any sum of money is directed or authorised to be recovered before a court of summary jurisdiction, or on complaint made to a court of summary jurisdiction, or words are used (whether by authorising the L 14G SUMMARY JUEISDICTWN ACT, 1879. sum to be recovered summarily or in a sum- mary manner or otherwise) which imply that such sum of money is to be recovered before a court of summary jurisdiction or in manner provided by the Summary Jurisdiction Acts, the Summary Jurisdiction Acts shall apply accordingly ; and (3.) Where in any future Act a court of summary jurisdiction is authorised to order or require a person to do or abstain from doing any act or thing other than the payment of a sum of money ; or where in pursuance of any such Act any act or thing other than the payment of a sum of money is required or authorised by an order of a court of summary jurisdiction to be done, or is declared capable of being enforced summarily, or by summary order ; or where in any such Act any words are used implying that such act or thing is to be enforced in manner provided by the Summary Jurisdiction Acts, the Summary Jurisdiction Acts shall apply accordingly. Savings, and Construction. Saving for 52. The provisions of this Act which enable a court jja'^y ' of summary jurisdiction, notwithstanding any enactment Marine, ^q ^j^q Contrary, to impose imprisonment without hard and Militia '' ^ / Acts. labour, and reduce the prescribed period thereof, or do either of such acts, and in the case of a fine, if it be imposed as in respect of a first offence, to reduce the prescribed amount thereof, and in the case of imprison- ment, to impose a fine in lieu of imprisonment, shall not apply to any proceedings taken under any Act relating to any of Her ]\rajesty's regular or auxiliary forces. 42 (fc 43 VJCT. a 49. 147 53. The Summary Jurisdiction Acts shall apply to all Applica- tion of informations, complaints, and other proceedings before a Summary court of summary jurisdiction under the statutes relating ^■^l^ ^cts to the Post Office. *° p°^* Office, Every offence under the statutes relating to the Post inland Office for which a person is liable to forfeit a sum not andCus-' exceeding twenty pounds may be prosecuted before a °™^' court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts. The Summary Jurisdiction Acts shall, notwithstanding any special provisions to the contrary contained in any of the statutes relating to Her Majesty's revenue under the control of the Commissioners of Inland Revenue or the Commissioners of Customs, apply to all informations, complaints, and other proceedings before a court of summary jurisdiction under or by virtue of any of the said statutes : Provided, that where the sum adjudged by conviction under or by virtue of any of the said statutes to be paid exceeds fifty pounds, the period of imprisonment imposed by a court of summary jurisdiction in respect of the non-payment of such sum, or in respect of the default of a sufficient distress to satisl'y such sum, may exceed three months but shall not exceed six months. 54, This Act shall apply to the levying of sums Applica- adjudged to be paid by an order in any matter of constiuo bastardy, or by an order which is enforceable as an t^onofAct. order of affiliation, and to the imprisonment of a defen- dant for non-payment of such sums, in like manner as if an -order in any such matter or so enforceable were a conviction on information, and shall apply to the proof of the service of any summons, notice, process, or document in any matter of bastardy, and of any hand- L 2 148 SUMMARY JUBIBTJIOTION ACT, 1870. writing or seal in any sncli matter, and to an appeal from an order in any matter of bastardy. Nothing in this Act shall authorise a court of summary jurisdiction to reduce the amount of a fine where the Act prescribing such amount carries into effect a treaty convention or agreement with a foreign state, and such treaty convention or agreement stipulates for a fine of a minimum amount. 11 & 12 This Act shall be construed as one with the Summary Jurisdiction, Act, 1848, so far as is consistent with the tenour of such Acts respectively, and save as aforesaid shall be subject to the exceptions specified in section 11 & 12 thirty-five of the Summary Jurisdiction Act, 1848 : Provided that the provisions contained in sections 11 & 12 thirty-three and thirty-four of the Summary Jurisdiction "^ '^' " Act, 1848, as to the Acts relating to the police in the metropolis and in the city of London, and relating to the powers of justices within the metropolitan police district, shall not apply to or restrict the operation of this Act. This Act shall not apply to any information, com- plaint, or other summary proceeding laid, made, or instituted before the commencement of this Act, or in respect of any offence committed, or any act done, or any cause which arose before the commencement of this Act, and any such information, complaint, or other pro- ceeding as aforesaid may be laid, made, instituted, and proceeded with in the same manner as if this Act had not been passed. Repeal of 55. There shall be repealed as from the commence- ment of this Act — 42 cfc 43 VICT, a 49. 149 (1.) The Acts mentioned in the Second Schedule to this Act to the extent in the third column of that Schedule mentioned ; and (2.) So much of any other Act as is inconsistent with this Act. Provided that this repeal shall not affect — (1.) Anything duly done or suffered before the com- mencement of this Act under any enactment hereby repealed ; or (2.) Any right or privilege acquired or any liability incurred before the commencement of this Act under any enactment hereby repealed ; or (3.) Any imprisonment, fine, forfeiture, or other punish- ment incurred or to be incurred in respect of any offence committed before the commence- ment of this Act under any enactment hereby repealed ; or (4.) The institution or prosecution to its termination of any investigation or legal proceeding or any otber remedy for prosecuting any such offence or ascertaining, enforcing, or recovering any such liability, imprisonment, fine, forfeiture, or punishment as aforesaid, and any such investiga- tion, legal proceeding, and remedy may be carried on as if this repeal had not been enacted. "Where any unrepealed Act of Parliament incorporates or refers to any provisions of any Act hereby repealed, such unrepealed Act shall be deemed to incorporate or refer to the corresponding provisions of this Act. ( 150 ) SCHEDULES. FIRST SCHEDULE. Indictable Offences which can be dealt with summarily under this act. First Column Young persons consenting and adults pleading guilty. Second Column. Adults consenting. 1. Simple larceny. 2. Offences declared by any Act for the time being in force to be punishable as simple lar- ceny. 3. Larceny from or stealing from the person. 4. Larceny as a clerk or ser- vant. 5. Embezzlement by a clerk or servant. 1. Simple larceny, where the value of the whole of the property alleifed to have been stolen does not in the opinion of the court before whom the charge is brought exceed forty shillings. 2. Offences declared by any Act for the time being in force to be pimishable as simple larceny, where the value of the whole of the pro- perty alleged to have been stolen, destroyed, injured, or otherwise dealt with by the offender does not in the opinion of the court before whom the charge is brought exceed forty shillings. 3. Larceny from or stealing from the person, where the value of the whole of the property alleged to have been stolen does not in the opinion of the court before whom the charge is brought exceed forty shillings. 4. Larceny as a clerk or servant, where the value of the whole of the projierty alleged to have been stolen does not in the opinion of the court before whom the charge is brought exceed forty shillings. 5. Embezzlement by a clerk or servant, where the value of the 42 cfe 43 Viar. C. 49. 151 First Column. Young persons consenting and adults pleading guilty. Second Column. Adults consenting. 6. Receiving stolen goods, that is to say, committing any of the offences relating to property spe- cified in the ninety-first and ninety-fifth sections of the Lar- ceny Act, 1861, (being the Act of the session of the twenty- fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-six,) or in either of such sections. 7. Aiding, abetting, counsel- ling or procuring the commission of simple larceny, or of an offence declared by any Act for the time being in force to be punishable as simple larceny, or of larceny or stealing from the person, or of larceny as a clerk or servant. 8. Attempt to commit simple larceny, or an offence declared by any Act for the time being in force to be punishable as simple larceny, or to commit larceny from or steal from the person, or to commit larceny as a clerk or servant. whole of the property alleged to have been embezzled does not in the opinion of the court before whom the charge is brought exceed forty shillings. 6. Receiving stolen goods, that is to say, committing any of the offences relating to property speci- fied in the ninety-first and ninety- fifth sections of the Larceny Act, 1801, (being the Act of the session of the twenty-fourth and twenty- fifth years of the reigu of Her pre- sent Majesty, chapter ninety-six,) or in either of su^h sections, where the value of the whole of the pro- perty alleged to have been received does not in the opinion of the court before whom the charge is brought exceed ft)rty shillings. 7. Aiding, abetting, counsellmg, or procuring tlie commission of sim- ple larceny, or of an offence declared by any Act for the time being in force to be punishable as simple lar- ceny, or of larceny or stealing from the person, or of larceny as a clerk or servant, where the value of the whole of the property which is the subject of the alleged offence does not in the opinion of the court before whom the charge is bro ight exceed forty shillmgs. 8. Attempt to commit simple larceny, or an offence declared by any Act for the time being in force to be punishable as simpl ■ larceny, or to commit larceny from or s*eal from the person, or to commit lar- ceny as a clerk or servant. This Act shall apply to any of the following oft'ences when alleged to have been committed by a young person in like manni r as if such 152 SUMMABY JURISDICTION ACT, 1879. offence were iucluded in the first column of the schedule ; that is to say, (1.) To any offence in relation to railways and railway carriages mentioned in sections tliirty-two and thirty-three of the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter one hundred, inti- tuled " An Act to consolidate and amend the statute law of England and Ireland relating to offences against the person" ; and (2.) To any offence relating to railways mentioned in section thirty- five of the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty^ chapter ninety-seven, intituled "An Act to consolidate and amend the statute law of England and Ireland relating to malicious injuries to property " ; and (3.) To any indictable offence, either imder the Post Office Laws or prosecuted by Her Majesty's Postmaster-General ; and for the pm-jjose of this provision the expression " Post Office Laws " has the same meaning as it has in the Act of the session of the seventh year of the reign of King William the Fourth and the first year of the reign of Her present Majesty, chapter thirty-six, intituled " An Act for consolidating the laws relative to offences against the Post Office of the United Kingdom, and for regulating the judicial administration of the Post Office Laws, and for explaining certain terms and expressions employed in those laws, " and the Acts amending the same. SECOND SCHEDULE. Session and Chaptei*. 10 & 11 Vict. c. 82 11 & 12 Vict. c. 43 Title. An Act for the more spec dy trial and jam- ishment of juvenile offenders. An Act to facilitate the performance of the duties of justices of the peace out of sessions within Eng- Extent of Repeal. The whole Act. The following words in section thirty-five "Nor to any infor- mation or complaint or other proceeding 42 & 43 VICT, a 49. 153 Session and Chapter. Title. Extent of Repeal. laud and Wales with under or by virtue respect lo summary of any of the sta- convictions and or- tutes relating to Her ders. Majesty's Revenue ' of Excise or Customs, Stamps, Taxes, or Post Office." 13 & 14 Vict. c. 37 An Act for tlie further The whole Act, in so extension of summary far as relates to Eng- jurisdiction in cases land. of Larceny. 18 & 19 Vict. c. 126 An Act for diminishing The whole Act, in so expense and delay in far as relates to Eng- the administration of land, except sections Criminal Justice in eighteen, twenty, certain cases. twenty-two, twenty- three, and twenty- four. 27 & 28 Yict. c. 80 An Act to extend the provisions of the Cri- minal Justice Act, 1855, to the Liberties of the Cinque Ports, and to the district of Romney Marsh in the coimty of Kent. The whole Act. 27 & 28 Yict. c.llO An Act for the amend- The whole Act, so far ment of the law relat- as relates to Eng- ing to the mitigation land. of penalties. 28 & 29 Vict. 0.127 An Act to amend the law relating to small penalties. The whole Act. 31 & 32 Vict. c. 116 An Act to amend the Section two, in so far law relating to Lar- as relates to Eng- ceny and Embezzle- land. ment. 34 & 35 Vict. c. 78 An Act to amend the Section thirteen, in so law respecting the In- far as relates to Eng- spection and Eegula- land. tions of Railways. under a statute. 154 SUMMA n Y JUBISDICTIOK A CT, 187'J. KULES. Short title. 1- These Rules may be cited as the Summary Jurisdic- tion Rules, 1880. Commence- 2. These Rulcs shall come into operation on the 1st day ""^^ ■ of January, 1880. Register. 3. The clerk of each court of summary jurisdiction shall keep the register required to be kept by him in pursuance of the Summary Jurisdiction Act, 1879, with such particulars as appear by the form in Part III. of the Schedule hereto. Special 4. Where in pursuance of any statute the court tion^ofTne Specially directs the approj^riation of a fine, the statute under which the appropriation is made shall be set forth in the register and authenticated by the signature of the justice or one of the justices constituting the court. Returns. 5. The return referred to in section 22, sub-section (4) of the Summary Jurisdiction Act, 1879, shall contain the particulars required to be entered in the register. The justice signing any such return shall cause it to be sent to the clerk who keeps the register for his Petty Ses- sional Division, and that clerk shall enter the return in his register. Form of 6. The form of account to be rendered by clerks of fines"'^^ ° courts of Summary jurisdiction of fines, fees, and other sums received by them shall be the form given in Part III. of the Schedule hereto, or a form to the like effect approved by the local authority under the Justices' Clerks Act, 1877, and shall be rendered quarterly or at any less interval as may be directed by that authority. Provided that nothing in this rule shall apply to the police courts of the Metropolis, Chatham, or Sheerness. RULES. 155 7. All fines imposed by the court shall appear in this K"ie as to L J A ••■ _ sums uf account in chronological order, and where payment is which pay- f 1 n 1 naent is deferred or to be made by instalments, the fact shall be deferred or shown in the column headed "Kemarks." When the ^y iLui/ whole of the sum has been paid or recovered by distress, ments. or the term of imprisonment imposed in default of pay- ment or of sufficient distress has expired, the clerk shall then enter the sum in the account. Provided that, though the whole of the sum may not have been paid or recovered, the instalments received shall be accounted for at such times and in such manner as the above-men- tioned local authority may direct. 8. Where a clerk of a court of summary jurisdiction Pioyision for dispen- renders an account in the form required or authorised by sing with these rules to the authority to whom he is required to ^.^^.^ render it, he shall not be required to render any other accounts. account relating to the same particulars. 9. The clerk of each court of summary jurisdiction Entry of receipts shall enter on the day of its receipt each sum of money by clerk, received by him on any account whatever. Each instal- ment so received shall be entered in a book called the Instalment Ledger to an account to be opened in respect of the proceeding in which the sum is paid. 10. The book required to be kept bv section 12 of the Remitted ^ fees book. Act 14 & 15 Yict. c, 55, shall be kept accordmg to the form in Part III. of the Schedule hereto, and shall be called the Kemitted Fees Book. 11. The clerk of every court of summary iurisdiction Crown '' * _ fines. shall send on the tenth day of January, April, July and October in each year to the Secretary of State for the Home Department, Whitehall, without paying the post- age, a certified statement, in the form in Part III. of the 156 SUMMARY JURISDICTION ACT, 1879. Schedule hereto, of all fines which have been imposed by the Court during the previous three months, and which are payable wholly or in part to Her Majesty or to the Exchequer. If no such fines have been imposed, the statement shall be certified in blank. Application 12. Where a court of summary jurisdiction has en- of sum due /. , , n i i • • -i • under lorceQ jDaymeut oi any sum due by a principal m pur- foifeit^d suance of a security under the Summary Jurisdiction Act, security. •' •' ' 1879, which appears to the court to be forfeited, the sum shall, unless it is recoverable as a civil debt, be paid to the clerk of the court, and shall be paid and applied by him in the manner in which fines imposed by the court in respect of which fines no special appropriation is made are payable and applicable. Form of 13. Any security given under the Summary Jurisdic- sGCurit V under Act. tiou Act, 1879, by ail oral or written acknowledgment shall be in the form of an undertaking, and may be in the appropriate form in Part I. or Part II. of the Schedule hereto, or in any other form to the like effect. Security, 14. The clcrk of each court of summary jurisdiction shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceed- ing before the court, the name and address of each person bound, showing w-h ether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. Where any such security is not entered into before the court, or before the clerk of the court, the person before whom it is entered into shall make a return of it, showing the above particulars, to the clerk of the court. The security book, and any certified extract EULES. 157 therefrom, shall be tivideuce of the several matters hereby- required to be entered in the security book in like manner as if the security book were the register. 15. Not less than two clear days before a warrant of Notice to , . . , . principal distress is issued for a sum due by a principal in pur- of for- suance of a forfeited security under the Summary Juris- security. diction Act, 1879, the clerk of the court issuing the war- rant shall cause notice of the forfeiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Summary Jurisdiction Acts. 16. An application under section 26 of the Summary Mode of Jurisdiction Act, 1879, shall be an application for a to vait '°" summons req iiirinef the complainant to show cause why °'''^^^^'. *"''" i- o L J sureties. the order made on his complaint should not be varied. 17. An application to a court of summary jurisdiction Time for under section 33 of the Summary Jurisdiction Act, 1879, gpeckf to state a special case shall be made in writing, and may ^''^^^■ be made at any time within seven days from the date of the proceeding to be questioned, and the case shall be stated within three calendar months after the date of the application. 18. In the case of a claim for a civil debt recoverable Particulars summarily the particulars of the claim shall, unless em- for civil bodied in the summons, be annexed to and, if so annexed, ^ *' shall be deemed part of the summons. 19. An order of commitment under section 35 of the Judgment Summary Jurisdiction Act, 1879, shall not be made unless a summons to appear and be examined on oath (hereinafter called a judgment summons) has been served on the judgment debtor. 10. The iudo-ment summons shall, whenever it is prac- Servic.3 ot 'I o ' 1 judgment summons. 158 SUMMARY JURISDICTION ACT, 1879. Issue and proof of service of judgment summons. Time of service. Adjourn- ment of hearing of judgment summons. Witnesses on judg- ment summons. Date of order of commit- ment. Payment by judg- ment debtor. Discharge of judg- ment debtor. ticable, be served personally on the judgment debtor, but if it is made to appear on oath to the court that prompt personal service is for any reason impracticable, the court may make such order for substituted or other service as to the court may seem just. 21. A judgment summons may issue although no dis- tress warrant has been applied for, and its service, where made out of the jurisdiction of the court, may be proved by affidavit or solemn declaration. 22. A judgment summons shall be served not less than two clear days before the day on which the judgment debtor is required to appear. 23. The hearing of a judgment summons may be ad- journed from time to time. 24. Any witness may be summoned to prove the means of the judgment debtor, in the same manner as witnesses are summoned to give evidence on the hearing of a com- plaint. 25. An order of commitment made under section 35 of the Summary Jurisdiction Act, 1879, shall, on whatever day it is issued, bear date on the day on which it was made. 26. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and on receiving that amount the officer shall discharge the defendant, and shall forthwith pay over the amount to the clerk of the court. 27. The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the clerk of the court from which the liULES. . 159 commitment order was issued, or to the gaoler in whose custody the prisoner is. Where it is paid to the clerk, he shall sign a certificate of the payment, and upon receiving the certificate by post or otherwise the gaoler in whose custody the prisoner then is shall forth witli discharge the prisoner. Where it is paid to the gaoler, he shall, on payment to him of tliat amount, with costs sufficient to pay for sending the amount by post-office order or otherwise, to the court under the order of which the prisoner was committed, sign a certificate of the pay- ment, and discharge the prisoner, and forthwith transmit the sum so received to the clerk of the court. 28. All costs incurred by the plaintiff in endeavouring costs of to enforce an order shall, unless the court otherwise eufordnff" order, be deemed to be due in pursuance of the order, as °''^""- if it were made under section 5 of the Debtors Act, 1869. 29. The fee for taking a declaration under section 41 Fee for of the Summary Jurisdiction Act, 1879, shall be one ciaration. shilling. 30. The forms in the Schedule hereto, or forms to the Forms. like effect, may be used, with sucli variations as circum- stances require. The forms S. 1 and S. 2 in the Schedule to the Sum- mary Jurisdiction Act, 1848, are hereby annulled. CAIRNS, C. 12th December, 1879. ( i61 ) APPENDIX. Alphabetically arranged according to the subject matter of each Act of Parliament, and containing the appeal clause (if any) in extenso of each Statute, with notes showing whether there is an appeal given under the Summary Jurisdiction Act, 1879, or (in the Metropolis) under 2 & 3 Vict. c. 71 (Metropolitan Police Act). There are also notes explanatory of the wording of the appeal clause, and the whole of the cases referred to in these notes will be found set out in the foregoing chapters under their various head- ings, such as " Notice," " Recognizance," &c. Care has also been taken to refer the party appealing, when necessary, to 12 & 13 Vict. c. 45 (Baines' Act) in giving notice, &c. The third column contains the part of the appeal clause relating to the procedure at Quarter Sessions. Statute. ADMIRALTY. 28 & 29 V. c. 24, ss. 6, 8. Uttering false petitions, &o., for pay, &c. ADULTERATION OF FOOD AND DRUGS. 38 & 39 V. c. 63 ; 42 & 43 V. c. 30. Whether appeal allowefl and conditions. No (hut see Note 1; Yes {Note 2). S. 23. Any person who has been convicted of any offence punishable by any Act here- by repealed or by this Act by any justices, may appeal to the next {Note 3) General or Quarter Ses- Quarter Sessions pro- cedure. . . . and the Court at sucli Sessions are hereby re- quired to hear and deter- mine the matter of such appeal, and may award such costs to the party 1. There is an appeal under the Summary Jurisdiction Act, 1879 (s. 19), where imprisonment only is adjudged (ante, p. Ill), and in the Metropolis under 2 & 3 Vict. c. 71, s. 50, where the sum or penalty exceeds £3, e.xclusive of costs {post, p. 2-il). 2. The appeal may also be made under the conditions of the Summary Jurisdiction Act, 1879, ss. 31, 32 {ante, p. 125). 3. The " next " Sessions means the next practicable Sessions, B. v. Forks. JJ., 1 Doug. 183 {ante, p. 11); see also s. 32 of the Summary Jurisdiction Act, 1879 {ante, p. 128). " Next " Sessions is that after judgment and not execution : Prosser v. Hyde, 1 T. R. 414 {ante, p. 11). M 162 APPENDIX. Whether appeal allowed and conditions. ADULTERATION sions (Note 4), whicli shall be held appealing or appealed OF FOOD AND for the city, town, county, or place against as they shall DEUGS — contd. wherein such conviction shall have think proper, been made, provided that such person enter into a recognizance within three days {Note 5) next after such conviction, with two sufficient sureties, conditioned to try such appeal and to be forth- coming to abide the judgment and determination of the Court at such G. or Q. Sessions, and to pay such costs as shall be by such Court awardt d ; And the justices before whom such conviction shall be had are hereby empowered and required to take such recognizance {Note 6). N.B. — This section does not re- quire any notice (the 12 & 13 V. c. 45, s. 1 (Baines' Act), does not (ipply to summary convictions (Note 16)), and it would appear that none need he given, as some conditions precedent are enacted, hut it icould be safer to give the notice laid down in the Summary Jurisdiction Act, 1879, s. 31 (2), (ante, p. 125). See cases quoted at pp. 14-17. ADITLTEEATION Yes (see also Note 2). S. 6. or SEEDS. Where the person who is convicted 32&33 V. c. 112. under tiiis Act thinks himself aggrieved by the conviction (Note 9, post), such person may appeal to the Court of General or Quarter Sessions (Note 4), held not less than twelve days (A^ofe 5, after the day of such conviction for the 4. Quarter Sessions are " General" Sessions : E. v. London J J., 15 East, 632, &c. (ante p. 9). If an appeal is given to "General " Sessions which is not also a Quarter Sessions, the notices must be given for the General Sessions notwithstanding every Quarter Sessions is a General Sessions : R. v. Turnsock, 2 Salk. 474 (ante, p. 9). 5. Ten days as opposed to " clear " days means first day exclusive and the other inclusive : R'.y. Torhs. (W. R.) JJ., 4 B. & A. 685 (ante, p. 20). In computing time for serving a notice Sunday has been held to be excluded : R. v. MidJlesex JJ., 5 D. & L. 580 ; 3 X. S. C. 152 ; S. C. 17 L. J. M. C. Ill (ante, p. 23). But see also E. v. Middlesex JJ., 2 Dowl. N, S. 719 (ante, p. 22). 6. By the Summary Jurisdiction Act, 1879, s. 42, a recognizance may be entered into before any Court of Summary Jurisdiction. Quarter Sessions pro- cedure. (As under " Larceny,'' post). APPENDIX. 163 Statute. ADULTERATION OF SEEDS— continued. AGEICULTUEAL CHILDREN. 3G & 37 y. c. 67. AGRICULTURAL GANGS. 30 & 31 V. 0. 1.30. AGRICULTURAL HOLDINGS ACT, 1883. 46 & 47 V. c. 61, s. 61. Wrong- ful distress. ALIENS. (a) 6 & 7 W. 4, c. ll,ss. 2,3. Master and alien not mak- Whether appeal allowed and conditions. county or place wliere the convic- tion is had {Note 7), in manner ' and upon the conditions in and [ upon which a person aggrieved by a summary conviction under the Act 24 & 25 V. c. 96, may appeal I in pursuance of the 110th section I of the said Act. (See under i Larceny, ^s<). No certiorari. No (but see Note 8). No (but see Note 8). Yes. Sect. 46 says any person aggrieved {Note 9) by any decision of such Court of Summary Juris- diction vmder this section may, on giving such security to the other party as the Coiui; think just, appeal to a Court of General or Quarter Sessions {Note 4 . N.B. — Ag this section does not impose any condition those con- tained in the Summary Jurisdic- tion Act, 1879, ^. 31 (ante), should he complied tcith. See also 12 & 13 V. c. 45, s. 1, as to what notice of appeal should be given before the Sessions other than against a summary conviction {Note 16). No (but see Note 8). Quarter Sessions pro- cedure. 7. Appeals should be to the Sessions of the jurisdiction, County Magistrate's convictions to the Countv Sessions, and Borough Magistrate's convictions to the Borough Sessions. See South Motion Case, Skinner, 222 ; Burr. Sett. C. 592 Qmte, p. 9). 8. There is an appeal in the Metropolis only under 2 & 3 Vict. c. 71, s. 50. where the sum or penalty adjudged exceeds £3 (exclusive of costs, S. v. Waricickshire JJ., ante, p. 6), but there is none under the Summary Jurisdiction Act, 1879, as the principal Act does not adjudge imprisonment without the option of a fine (see ante, p. Ill, s. 19). 9. There should be some special and peculiar personal grievance to the appellant him- self : i?. V. Essex JJ.. 5 B. & C. 431, &c. {ante, p. 7). M 2 164 APPENDIX. Statute. ALIENS— confd. ing declara- tions, &c. {h) Forging cer- tificates, &c. (s. 9j. ALKALI WOEKS 44 & 45 V. c. 37. (Consolidating tlie Acts, 1863, 1874). Penalties under this Act are re- coverable by action in tlie Connty Conrt. ANCIENT MONU- MENTS PRO- TECTION ACT, 1882. 45 & 4G V. c. 73. ANIMALS (Cruelty), (rt) 12 & 13 c. 92. Whether appeal allowed and conditions. No (but see Note 1). Appeal from County Court to High Court of Justice in the form of a special case, see Cliajiter IV., ante, p. 71. Yes Sect. 7. In England any person aggrieved {Note 9), by any decision of the Conrt acting under the Summary Jurisdiction Acts, may appeal to a Court of General or Quarter Sessions (A'^ofe 4, ante). N.B. — As this section does not impose any conditions, those con- tained in the Summanj Jiirisdic- tion Act, 1879, s. 31 (ante), should be complied with : R. v. Shrop- shire JJ., 6 Q. B. D. G69, ante, pp. 14-17. See also 12 * 13 V. c. 45, s. 1 (ante, p. 81), as to tchat notice of appeal should he given he/ore the Sessions other than against a summary conviction (^Nofe 16). Yes (also Note 2). S. 25. In all cases where the sum adjudged to be paid on any conviction shall exceed £2 (exclusive of costs (Note 10)), and in all cases where imprisonment shall be adjudged any person who sliall tliink him- self aggrieved (Note 9) by any such conviction may appeal to the next Court of Geuund or Quarter Sessions (Note 4 i, which shall be holden not less than fourteen days Quarter Sessions pro- cedure. The procedure contained in tiie Summary Jurisdic- tion Act, 1879, s. 31 (5) {ante, p. 125), sliould be followed. . . . and the Court at such Sessions shall hear and de- termine the matter of ap- peal, and shall make such order thereon as to the Court shall .seem meet, and in case of the dismissal or non-i^rosecution of the appeal, or tlie aflSrmauce of the conviction, shall order and adjudge the offender to be punished 10. Exclusive of costs, B. v. Warwickshire JJ., 25 L. J. M. C. 119; 20 J. P. 693 5 27 L. J. 235, decided on this clause (ante, p. 6). APPENDIX. 165 Statute. Whether appeal allowed and conditions. Quarter Sessions pro- cedure. ANIMALS (Cruelty) — contd. (Jo) TJsing dogs for draught. 17 & 18 V. c. 60. (c) Vivisection. Cruelty to Ani- mals Act, 1876. 39 & 40 V. c. 77. (Note 5) after the day of such con- viction for the county, borough, or other jurisdiction wherein the cause of appeal shall have arisen {Note 7), provided that such person shall give to the complainant a notice {the 12 & 13 V. c. 45, s. 1, Baines' Act, does not apply to sum- mary convictions {Note 16, jwsf) ) in writing Note 11 /of such ap- peal, and of the cause and matter thereof {Note 12^ within three days (Note 5) after such con- viction, and seven clear days at the least (Note 13) before the Sessions, and shall also either re- main in custody until the Sessions or enter into a recognizance with two sufficient sureties before a justice of the peace (Note 6), conditioned personally to appear at the said Sessions and to try sucli appeal, and to abide the judgment of the Court thereon, and to pay such costs as shall be by the Court awarded, and upon such notice being given and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody . . . No certiorari. No (but see Note 8). Yes (see also Note 2). S. 16. If any party thinks himself ag- grieved {Note 9) by any conviction made by a Court of Summary Juris- diction on determining any in- formation under this Act the party according to the conviction, and to pay such costs as shall be thereby awarded, and also the costs of such appeal or incident thereto or occasioned thereby, and shall, if necessary, issue process for enforcing such judgment, provided always that it shall be lawful for the said Court to adjourn the hearing of any such apjjeal to any succeeding Sessions if such Court shall think fit, and such Court in the event of such postponement may make any order for the payment of costs by either party to the other as to such Court shall seem reasonable. (5.) The Court of Ap- peal may adjourn the ap- peal, and upon the hearing thereof they may confirm, reverse, or modifj^ the de- cision of the Court of 11. The notice may be signed in the appellant's name by the clerk to his attorney with the appellant's authority : B. v. Kent JJ., 8 Q. B. 305 '(arite, p. 26). See also the Summary Jurisdiction Act, 1879, s. 31 (7), ante. 12. All facts material should be stated (ante, p. 33); as to grounds on a conviction, see a7ite, p. 34. 13. " Fourteen days at least " means fourteen " clear " days, i.e., exclusive of the first day on which the notice is served, and the first day of the sessions : £. v. Salop JJ., 8 A. & E. 173 (ante, p. 20). 166 APPENDIX. Statute. Whether appeal allowed and conditions. Quarter Sessions pro- cedure. ANIMALS. Vivisection — con- tinued. so aggrieved may appeal there- from, subject to the conditions and regulations following : (1.) The appeal shall be to the next Com-t of General or Quarter Sessions {Note 4) for the county or place in which the cause of appeal has arisen {Note 7) holden not less than twenty-one days {Note 5) after the decision of the Court from which the appeal is made ; and (2.) Tlie appellant shall within ten days {Note 5) after cause of appeal has arisen {Note 14) give notice {the 12 .) Disturbing No (but see Note 1). preacher, &c. 1 Mary, Sess. 2, c. 3. COALS. See Weights and Measures. COALS (London). Yes (see also Note 2). S. 82, 1 & 2 W. IV. 1 & 2 W. IV. c. Ixxvi. Any c. Ixxvi ; 1 & 2 person so convicted by any justice V. c. ci. or justices of the peace as before mentioned of any offence or of- fences against this Act or against any rule, order or bye-law made in pursuance thereof to appeal to the justices of the peace assembled fit the next {Note 3) General Quarter Sessions or General Sessions {Note 4:) to be holden for the county, city, or place where such conviction shall be made {Note 7) on giving immediate notice {Note 26, see also Note 19 as to verhal notice) of such appeal, and finding sufficient security to the satisfaction of such justice or justices for prosecuting the said 26. Where " immediate " notice is required, it need not be given forthwith on convic- tion, but it must be prompt and expeditious notice : B. v. Huntingdon JJ., 5 D. & N. 588 ; 2 D. & R. Magis. Cas. 594, S. C. See Grace v. Clinch, 4 Q. B. 606 ; B. v. Aston, 1 L. M. P. 491 ; 19 L. J. M. C. 236 ; and B. v. Berks JJ., 4 Q. B. D. 470 {ante, p. 20). Quarter Sessions pro- cedure. And such justices in such General Quarter Ses- sions or General Sessions sliall hear and determine tlie matter of such appeal, and may either confirm or quash and cancel the said conviction, and award such costs to either party as to them the said justices shall seem just and reason- able, and the decision of the said justices thereon shall be final, binding and conclusive. APPENDIX. 179 Statute. COAL S — contin ued. COIN. («.) Tendering defaced coin. Possessing or forcing coun- terfeit coin. 24&25V.C.99, 68. 17, 23. (h.) Making else- where than Mint. Forgery of marks. 33 V. c. 10. COMBINATION. Unlawful meet- ings and socie- ties. 39 Geo. 3, c. 79 ; 57 Geo. 3, c. 19. COMMISSIONERS (Public). 10 & 11 V. c. 16. Whether appeal allowed and conditions. appeal with eftect, and abiding the determination of the Court therein. No certiorari. No (but see Note 8). No certiorari. No (but see Note 8). Id. Sect. 104 says: the clauses of the Railway Clauses Acts, 1845, (see under " Railways ') with respect to the recovery of damages not si^ecially provided for and of penalties and to the determina- tion of any other matter referred to justices shall be incorporated with this and the special Act. Query, can the power of appeal, not being speciall)' mentioned, be implied (^Note 25). By s. 106, however, the metro- polis is treated differently, " every penalty or forfeiture imposed by this or the special Act or any Act incorporated therewith, or by any bye-law in pursuance thereof, in respect of any offences which shall take place in the IMetro- politan Police District shall be re- covered, enforced, accounted for, and except where the application thereof is otherwise specially pro- vided for, shall bo paid to the re- Quarter Sessions pro- cedure. N 2 180 APPENDIX. Statute. COMMISSIONEBS — continued. COMMONS. 89 & 40 V. c. 56. COMPANIES ACTS, 1862-1880. 43 V. c. 19, which includes — 25 & 26 V. c. 89 ; 30 & 31 V. c. 131 ; 40 & 41 V. c. 26 ; 42 & 43 V. c. 76.— Life Assurance Companies. 33 & 34 V. c. 61 ; 34 & 35 V. c. 58 ; 35 & 36 V. c. 41. COMPANIES CLAUSES CON- SOLIDATION ACT, 1845. 8 & 9 V. c. 16. Whether appeal allowed and conditions. ceiver of Metropolitan Police Dis- trict and shall be applied in the same manner as penalties or for- feitures are applied by an Act passed in the 3 & 4 Vict., en- tituled An Act for the regulating of the Metropolis, and every order or conviction of any of the police magistrates in respect of such for- feiture or penalty shall he subject to tlie bice appeal, and upon the same terms as is provided in re- spect of any order or conviction of any of the said police magistrates by the said last-mentioned Act. 8ee under Police (Metropolitan) jjost, and also ante, p. 5. No (but see Note 8). No (but see Note 8). Yes. Sect. 159. If any party shall feel aggrieved (Note 9) by any determination or adjudica- tion of any justice with respect to any penalty or forfeiture imder the provisions of this or the special Act or any Act incorporated there- with, such party may appeal to the General Quarter Sessions (Note 4) for the county or place in which the cause of appeal shall have arisen (Note 7) : but no such appeal shall be entertained unless it be made within four months next (Note 17) after the making Quarter Sessions pro- cedure. Sect. 160. At the Quarter Sessions for which such notice shall be given, the Court shall proceed to hear and determine the appeal in a simimary way, or they may, if they think fit, ad- journ it to the folio-wing sessions, and upon the hearing of such appeal the Court may, if they think fit, mitigate any penalty or forfeitiue, or they may confirm or quash the ad- judication, and order any APPENDIX. 181 Statute. COMPANIES CLAUSES CON- SOLIDATION ACT, 1846— continutd. Whether appeal allowed and conditions. money paid by the appel- lant or levied by distress upon his goods to be re- tiu'ned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable, and they maj' make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. of such determination or adjudi- cation, nor unless ten days {Note 5) notice {Note 16) in wiitin, {Note 11) of such appeal, statin; the natiu-e and gi'oimds thereof {Note 12) be given to the party against whom the appeal shall be brought {Note 27), nor unless the appellant forthwith {Note 23) after such notice enter into recog- nizances ■with two sufficient siu'e- ties before a justice {Note 6), con- ditioned duly to prosecute such appeal and to abide the order of the Com-t thereon. N.B. — In giving notice of appeal other than against a summary con- viction, the 12 & 13 V. c. 45, s. 1 {Baines' Act), should be re/erred to (Note 16). CONSTABLES. No (but see Note 1). (a.) All consta- bles. 34 & 35 V. c. 112, s. 12. (Prevention of Crimes Act, (1871. {h.) Neglecting Yes (see also Note 2). S. 1. duty, &c., as or Any person aggrieved {Note 9) by disobeying the imposition of such iine or lines warrant of ... or by any order or wan-ant of juscices. distress for raising or levying the 33 Geo. 3, c. 55. same, or by the jxidgment or de- termination of the said justices, or by any act to be done in the exe- cution of any such warrant of dis- tress . . . shall and may appeal to the next {Note 3) General or Quarter Sessions {Note 4) to be held for the county, riding, or division within which such per- son shall reside {Note 7), of which appeal ten days' notice at the least {Notes 13 and 19) shall be given. N.B. — In giving notice of ap- peal other than against a sum- 27. The " party appealed against " means the " informant " and not the justices who came to the decision : B. v. Hants JJ., 1 B. & A. 65-i, ante, p. 28. Quarter Sessions pro- cedure. 182 APPENDIX. Statute. CONSTABLES— contd. (c.) Neglecting duty, &c., as to vagrants. 5 Geo. 4, c. 83. (f?.) Parochial constables. 5 & 6 V. c. 109. (e.) County con- stables. 2 & 3 V. c. 93. (/.) Borough constables. 5 & 6 W. 4, c. 76. Whether appeal allowed aud conditions. mary conviction, 12 tS- 13 F. c. 45 (Note 16, ante), (Bawies' Act) sliould be referred to. See under " Vagrants." No (but see Note 1). Id. Yes (s. 131). Any person . . . aggrieved (Note 9) by any sum- mary conviction in pursuance of this Act may appeal to the next General or Quarter Sessions (Note 4) ... to be holdeu not less than twelve days (Note 5) after such conviction, for the county or for the borough wherein the cause of com- plaint shall have arisen (Note 7), such person shall give to the com- plainant (Note 28) a notice (the 12 & 13 V. c. 45, s. 1, Baines' Act, does not apply to summary convic- tions. Note 16) in writing (iVofe 11) of such appeal, and of the cause and matter thereof (iVofe 12) with- in three days (Note 5) after such conviction, and seven clear days at least (Note 13) before such Ses- sions, and shall also either remain in custody until the Sessions, or enter into a recognizance, with a sufficient surety, before a justice of the peace (Note 6), within auch three days (Note 5), or at any time during his custody, on giving to the complainant three days' notice (Note 5) in writing (Note 11) of 28. Personal service is not necessary unless the statute requires it, the notice may be left at the place of abode : E. v. Yorks. W.R. JJ , (ante, p. 27). Service on Sunday doubtful : R. v. Asprcll v. Lancashire JJ., 16 .Jur. Q. B. 1067, n. ; Peacock v. The Queen, 4 C. B. N. S. 264 ; 27 L. J. M. C. 224 (ante, p. 28). Quarter Sessions pro- cedure. Sessions to hear and determine the matter . . . and shall make and order thereon, with or without costs to either party as to the Court shall seem meet, and in case of the dismissal of the ajjpeal or the affir- mance of the conviction, shall order and adjiidge the offender to be dealt with and punished ac- cording to the conviction, and to pay such costs as . . . awarded, and shall if necessary issue process for enforciug such judg- ment. APPENDIX. 183 Statute. CONSTABLES- coidiuued. (g ) Special con- stables. 1&2W. 4,c.41. (Ji.) Elvers and canals. 3 & 4 V. c. 50. (z.) Metropolitan police consta- bles (dockyards and military stations). 23&24V. C.135; 24&25V.C.51. But see also Police (Metro- politau.) (a.) CONTAGIOUS DISEASES ACTS. 29 V. c. 35 ; 32 & 33 V. c. 96. (Ij.) Contagious Diseases (Ani- mals). See Animals. CONVICTS. (a.) Not produc- ing licence. 27 & 28 V. c. 47. (h.) Prevention of Crimes Act. 34 & 35 V. c. 112. COPYRiaHT. (a.) Copyright in works of art. 25 & 2(J V. c. t)8 Whether appeal allowed and conditions. his intention so to do, and of the name, description, and place of abode of his proposed surety, conditioned personally to appear at the Sessions and to try such appeal, and to abide the judgment . . . and pay such costs . . . awarded. No certiorari. No (but see Note 8). No certiorari. Yes. See Canals and Elvers (but see Note 8). No (but see Note 1). Id. Id. Id. Quarter Sessions pro- cedure. No (but see Note 8). 184 APPENDIX. Statute. Whether appeal allowed and conditions. COPYEIGHT— continued. (6.) Copyriglit (Books). 5 & 6 V. c. 100. (c.) Copyright (Designs) Acts, 1842 to 1875. Piracy, 5 & G V. c. 100. Wrongfully using marks, 6 & 7 V. c. 65. Piracy of sculp- ture, 13 & 14 V. c. 104. Wrongfully marking or using, 21 & 22 V. c. 70 ; 24 & 25 V. c. 73 ; 38 & 39 V. c. 93. (d.) Copyright (Musical Com- positions) Act, 1883. 45&46V.C.40. (e.) Patents, De- signs, and Trade Marks Act, 1883. Hj & 47 V. c. 57. CORN. ((/.) Weekly re- turns. 5 & 6 V. c. 14. (6.) Misappropri- ation by ser- vants. 26 & 27 V. c. 103. Id. Id. Quarter Sessions pro- cedure. No (but see Note 8). Id. Id. Yes (see also Note 2). S. 2. Any person .... aggrieved (^Note 9) . . . may appeal to the next Court of General Quarter Sessions (Note 4) . . . holden not less than twelve days (A^ote 5) after the day of such conviction for the county, riding, division, citj', borough, or place wherein the cause of complaint shall have Sessions shall hear and determine the matter . . . and make such order thereon with or without costs to either party as to the Coiu*t shall seem meet, and in case of the affirm- ance of tlie conviction shall order and adjudge the ajipellaut to be punished APPENDIX. 185 Statute. COEN — continued. CORN RETURNS ACT, 1882. 45 & 46 V. c. 37. CORRUPT AND ILLEGAL PRAC- TICES PREVEN- TION ACT, 1883. 46 & 47 V. c. 51. COTTON STATIS- TICS. 31 & 32 V. c. 33. Whether appeal allowed and conditions. arisen (Note 7), . . . such person shall give to the informant (Note 28) a notice (the 12 * 13 F. c. 45, s. 1, does not apply to sum- mary convictions, Note 16), in writing (Note 11), of such appeal, and of the cause and matter thereof (Note 12), within three days (Note 5) after such conviction and seven clear days (Note 29) at least (Note 13) before such Sessions, and shall also either remain in custody imtd tlie said Sessions, or shall enter into a re- cognizance, with two sufficient sm-eties, before a justice (Note 6), conditioned personally to appear . . . and try such appeal, and to abide the judgment . . . and to pay costs . . . awarded, or if . . . against . . . conviction, whereby only a penalty, with or without costs, is adjudged to be paid, shall deposit with the clerk of the convicting justices such sum . . . sufficient to cover the penalty and costs . . . and costs of appeal. No certiorari. No (but see Note 8). Yes. Sect. 54. — (2.) A person aggi-ieved by a conviction by a Court of summary jiu-isdiction for an otfence under this Act may appeal to General or Quarter Ses- sions against such conviction. (As this section does not lay down any conditions, those con- tained in the Summary Jurisdic- tion Act, 1879, s. 31, ante, p. 125, should be complied ivith. No (but see Note 8). Quarter Sessions pro- cedure. according to the conviction, and to pay such costs as ... . awarded, and shall, if necessary, issue process for enforcing such judgment, and in any case where after such deposit ... as aforesaid, the con- viction shall be affirmed the Coitrt may order the penalty and costs, if any, thereby adjudged to be paid, together ■with costs of appeal, to be paid out of the money deposited, and the residue thereof, to be repaid to the party con- victed, and in any case where after any such de- posit the conviction shall be quashed, the Court shall order the money de- posited to be repaid to the party convicted. 29. " Clear " days means exclusive of the day on which the notice is served and of the fii'st day of the sessions : H. v. Herefordshire JJ., 3 B. & A. 581, ante, p. 20. 186 APPENDIX. Statute. Whether appeal allowed and conditions. COUNTY COURTS. 9 & 10 V. c. 95. Assaultingbailiff, &c. Resci;e of goods, &c. CRUELTY ANIMALS. TO CUSTOMS CON- SOLIDATION ACTS. 39 & 40 V. c. 36. CUSTOMS AND INLAND RE- VENUE ACT, 1882. 45 & 46 V. c. 41. Imitations of cotTee and coffee mixtures. CUTLERS. 59 Geo. 3, c. 7. Id. See Animals. No (but see Note 1). No. The appeal clause of 2 & 3 V. c. 71 (Metropolitan Police Act), does not apply to customs. Quarter Sessions pro- cedure. . . . and the justices at such Sessions are hereby empowered to summon and examine witnesses on oath, and to hear and finally determine the matter of appeal, and to award such costs as the said Court shall think reasonable to the party in whose favour sucli appeal shall be deter- mined. Yes (see also Note 2). S. 9. Any person wlio shall think himself aggrieved {Note 30) . . by the judg- ment of such justices, he . . . may upon giving security with sufBcient surety to the amount of the value of such penalty or penalties and costs, together with such fm-ther costs as shall be awarded in case such judgment shall be affirmed, appeal to the next (Note 3) Gene- ral Quarter Sessions (Note 4) for the county, city, or place where such conviction shall be made (Note 7). N.B. — This section does not re- quire any notice, and it would appear that none need he given as some conditions precedent are en- acted, see cases quoted at pages 14-17, hut it u-oidd he safer to give the notice required under the Summary Jurisdiction Act, 1879, 30. The grievance must be immediate and not consequential : /i. v. Middlesex JJ., ?, 13. & Ad. 9o8, p. 8. APPENDIX. 187 Statute. CUTLEES— co«fd. DENTIST. 41 & 42 Y. c. 33. DISSENTESS. 52 Geo. 3, c. 155. DISOEDERLY HOUSES. See Brothels. DISTRESS. 11 Geo. 2, c. 19. Fraudulent re- moval of goods, &c., unla-wful distress, &c. See also Police (Metropolitan). ( Oppressive dis- tress.) Whether appeal allowed and conditions. s. 31 (2), ante, p. 125. As to icliat notice is required other than against a sitimnary conviction, see 12 & 13 V. c. 45, s. 1, Baines" Act {Note 16). No. Yes. Sect. 16. Any person . . . convicted . . . shall conceive him- self aggrieved (Xofe 30) . . . may appeal to the General or Quarter Sessions (Note 4) holden next (Note 3) after such conviction in and for the county, riding, city, or place (Note 7), gi^■ing unto the justices before ■whom such con- viction shall be made (Note 15), notice (Note 16), (the 12 & 13 V. c. 45, s. 1, does not apply to sum- mary convictions), in wiiting (Note 11), vrithin eight days (Note 5) after any such convic- tion of his . . . intention to prefer such appeal . . . Yes (see also Note 2). S. 5. Any person who thinks himself aggrieved (Note 30) by such order of the said two justices to appeal to the justices of the peace at theii' next General or Quarter Sessions (Note 4), to be held for the same coimty, riding, or division of such county. (There are no conditions laid doivn in the statute, therefore the conditions of the Summary Jurisdiction Act, s. 31, p, 125, must he observed. See E. v. J J. Shropshire, p. 14. The 12 & 13 V. c. 45, s. 1, Baines' Act, ante, p. 81, should also be referred to in givincj notice of appeal (Note 16).) By s. 6, where tiie party appeal- ing shall enter into a recognizance with one or two sufficient siu'ety or sureties iu double the sum so Quarter Sessions pro- cedure. Sessions to hear and de- termine . . . and make such order thereon, and to award such costs to be paid by and to either party not exceeding 40s., as they iu their discretion shall think fit. To hear and determine and give such costs to either party as they shall think reasonable, whose deter- mination therein shall be final. 188 APPENDIX. Statute. DISTRESS— cowfcZ. DOCKYARD PORTS REGULATION. 28 & 29 V. c. 125. DOGS. (rt.) Damage by dogs. 28 & 29 V. c. 60. (h.) Dogs not Tinder control. See Police {Me- tropolitan). (c.) Dogs with- out a licence. 30 V. c. 5. Dog-stealiug. DRUNKARDS (HABITUAL). 42 & 43 V. c. 19. Whether appeal allowed and conditions. ordered to be paid, with condition to appear at such General or Quarter Sessions. The order of the said two justices sliall not be executed against him in the mean- time. No (but see Note 8). Id. Id. See " Larceny." Yes (but see Note 2). In Eng- land if any person thinks himself aggrieved (Note 30) by any con- viction or order of a Court of Summary Jurisdiction, he may appeal therefrom, subject to the conditions and regulations follow- ing:— (1.) The appeal shall be made to the next Court of General or Quarter Sessions {Note 4) for the county, borough, or place in which the cause of appeal has arisen {Note 7), held not less than fifteen days {Note 5), and (unless ad- journed by the Court) not more than four months {Note 17) after the conviction or order appealed from : (2.) The appellant shall within seven days {Note 5) after the cause of appeal has arisen {Note 14) give notice {Notes 16 and 19) to the other party {Notes 27 and 28), and to the clerk of the Court of Quarter Sessions pro- cedure. The appellate Court may adjourn the appeal, and on the hearing thereof they may confirm, reverse, or modify the decision of the Court of Summary Jurisdiction appealed from or remit the matter, with the opinion of the appel- late Court thereon, to the Court of Summary Juris- diction, or make such other order in the matter as the Court thinks just, and if the matter be remitted to the Court of Summary Jurisdiction the said last mentioned Court shall thereupon rehear and de- cide the matter in accor- dance with the order of the said Court of Appeal. The Court of Appeal may also make such order as to costs to be paid by either APPENDIX. 189 Statute. SBUNZAEDS (HABITUAL)- continued. EDUCATION ACTS. 88 & 84 Y. c. 75 ; 36 & 37 V. c. 86; 39&40 V. c. 79. ELECTIONS. See also Corrupt Practices. (a.) Parliamen- tary and Muni- cipal Election Act, 1872. (Infringement of secrecy.) 35 & 36 V. c. 33. (h.) Poor Relief Act Continu- ance, 1851. Election of Guardians. 14 & 15 V. c. 105. Whether appeal allowed and conditions. Summary Jurisdiction appealed from of bis intention to appeal, and of the ground thereof (^Note 12): (3.) The appellant shall, within three days (Note 5) after such notice, enter into a recognizance before a justice (^Note 6) with two sufficient sureties conditioned per- sonally to try the appeal and to pay such costs as may be awarded by the Court, or give such other security, by deposit of money or otherwise as the justice allows: (4.) "Where the appellant is in custody any justice having juris- diction in such complaint may, if he thinks fit, on the appellant entering into such recognizance or giving such other security as to such justice shall seem sufficient, release him from custody. N.B. — In giving notice of ap- ical (ptTier than against a convic- tion) the 12 & 13 V. c. 45, s. 1 {Baines' Act), should be re/erred to (Note 16), No (but see Note 8). No (but see Note 1). Id. Quarter Sessions pro- cedure. party as the Court thinks just. 190 APPENDIX. Statute. ELECTRIC LIGHT- ING ACT, 1882. 4.5 cSj 46 V. c. 56. Undertakers wil- fully interrupt- ing telegraphic communica- tion. EMPLOYERS AND WORKMEN, (rt.) Conspiracy and Protection of Property Act, 1875. 38 & 39 V. c. 86. Whether appeal allowed and conditions. No (but see Note 8). Quarter Sessions pro- cedure. Yes (see also Note 2). S. 12. In England and Ireland if any party feels aggrieved {Note 9) by anj' conviction made by a Court of'Simimary Jurisdiction on de- termining any information under this Act, the" party so aggrieved may appeal therefrom, subject to the conditions and regulations following : (1.) The appeal shall be made to some Court of General or Quarter Sessions {Note 4) for the county or place in which the cause'of appeal has arisen {Note 7), holden not less than fifteen days {Note 5), and not more than four months {Note 17) after the deci- sion of the Court from which the appeal is made {Note 14) : (2.) The appellant shall within seven days {Note 5) after the cause of appeal has arisen {Note 14) give notice {Notes 16 and 19) to the other party {Notes 11 and 28) and to the Court of Summary Jurisdiction {Note 15) of his in- tention to appeal and of the ground thereof {Note 12) : (3.) The appellant shall immedi- ately {A^'ote 31) after such notice enter into a recognizance before a justice {Note 6) . . . with or without sureties, conditioned per- sonally to tiy such appeal and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court : (4.) Where the appellant is in 31. " Immediately " means promptly and expeditiously with reference to the mei'its of the case : B. v. Huntingdon JJ., D. & R. 588 ; 2 D. R. Magis. Cas. 594, S. C. ; R. v.. Berks JJ., 4 Q. B. D. 470, ante, p. 20. See also Note 26, ante. (5.) The Court of Ap- peal may adjourn the ap- peal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the Court of Summary Jm-isdiction or remit the matter to the Court of Summary Juris- diction with the opinion of the Court of Appeal thereon, or make such other order in the matter as the Court thinks just, and if the matter be re- mitted to the Court of Surmnary Jurisdiction the said last-mentioned Court shall thereupon rehear and decide the information in accordance with the opin- ion of the said Court of Appeal. The Court of Appeal may also make such order as to costs to be paid by either party as the Court thinks just. APPENDIX. 191 Statute. EMPLOYEES AND WORKMEN— continued. (?).) Employers and Workmen Act, 1876. 38 & 39 V. c. 90. (c.) False charac- ters by Servant. See Servants. (J.) Payment of Wages in Pub- lic-touses Pro- hibition Act, 1883. 46 & 47 V. c. 31. EXCISE. Whether appeal allowed and conditions. custody the justice may, if he think fit, on the appellant entering into such recognizance as afore- said, release him from custody. (No (but see Note 1). No (but see Note 8). 7 & 8 Geo. 4, c, 53 (Collection of the Revenue of Excise), s. 82 (see also Note 2), after autho- rizing an appeal from the judg- meut of the Commissioners of Excise to the Commissioners of Appeal (by 4 & 5 V. c. 20, the Barons of the Exchequer) sajs: . . . and in case auy officer who shall exhibit any information, or any person or personage against whom any information shall have been exhibited, or who shall ap- pear and claim any goods, com- modities, or chattels alleged to be forfeited in auy information ex- hibited before any justice . . . shall feel aggrieved {Note 9) by the judgment given thereon by sucli justices it shall be lawful i'or such officer or such person or per- sons upon giving notice (tlie 12 & 13 V. c. 45, s. 1, Baincs Act, does not npply to the Revenue Acts (Note 16) as hereinafter men- tioned, to appeal therefrom to the Justices assembled at the next (Note 3) General Quarter Sessions (Note 4) of the Peace (or if there be not one week between the time of giving such notice and the next Quarter Sessions pro- cedure. 7 & 8 Geo. 4, c. 53, s. 82 . . . and it shall be lawful for the justices ... at such General Quarter Sessions upon being served with such notice, and they are hereby respectively auth- orized and required at such General Quarter Sessions to hear, adjudge, and finally determine such ap- peals . . . [Defects of form cured upon appeal]. Sect. 84. That upon every such appeal it shall be lawful for the Commis- sioners of Appeal or the Justices of the Peace at the General Quarter Ses- sions respectively, before whom resi^ectively any such appeal shall be brought, and they are hereby respectively auth- orized and required to jjro- ceed to rehear upon oath and to re-examine the same witness and witnesses, and to reconsider the same evidence and the merits of the case whereon the 102 APPENDIX. Statute. Whether appeal allowed and conditions. Quarter Sessions pro- cedure. EXCISE— co/jfci. General Quarter Sessions, then to the General Quarter Session . . . next after the expiration of one week) to be holden in and for the county, shire, division, city, town, or place {Noie 7) in which such judgment so appealed against shall have been given : Sect. 83. Provided always . . . that no such appeal as aforesaid shall be allowed unless the party or parties appellant shall, at and immediately {Note 31) upon the giving of the judgment appealed against, give notice {the 12 & 13 F. c. 45, s. 1, Baines" Act, does not apply to the Eevenue Acts {Note 16)) in 'm-iting {Note 11) of such appeal to the Commission- ers of Excise or Justices of the Peace '{Note 15) respectively from whose judgment such appeal shall be made, and also to the adverse party or parties of such appeal {Note 28), and lodge such notice at the office or with the Registrar of the Commissioners of Appeal, or with the Clerk of the Peace, for the Justices of the Peace at sucli General Quarter Sessions as afore- said, respectively, by and before whom such appeal is to be finally adjudged and determined ; and no such appeal as aforesaid shall be heard, unless the party or parties appellant on such appeal shall within one week at least {Note 13) before such appeal is to be finally adjudged and determined give notice {Note 16) in writing {Note 11) to tlie adverse party or parties {Note 28) on such ap- peal of the time and place where such appeal is to be heard : Pro- vided always that where the judg- ment appealed against shall be a conviction in any penalty or penal- ties of the party or parties appel- lant, such party or parties shall also within three days {Note 5) next after the giving of the judgment original judgment ap- pealed against shall have been given, and they shall not examine any evidence, or any witness or wit- nesses other than or differ- ent from the evidence, and the witness or witnesses which and who shall have been before examined be- fore the Commissioners of Excise or Justices of tlie Peace respectively at the trial and hearing of the information upon which the original judgment shall have been given ; and such Commissioners of Appeal and Justices of the Peace at General Quarter Ses- sions are hereby respect- ively authorized and em- powered, on any such appeal, to reverse or con- firm on the whole or in part the judgment ap- IDcaled against, or to give such new or different judgment as they in their discretion shall in that behalf think fit : and such Commissioners of Appeal and Justices of the Peace at General Quarter Ses- sions respectively, shall in any such new or differ- ent judgment have the same joower of mitigation as is hereinbefore by this Act given to Justices of the Peace and Commis- sioners of Excise in judg- ments respectively given by them. (Case may be stated by Commissioners of Appeal and Quarter Sessions). Sect. 85. That where the judgment of the Com- missioners of Excise or Justices of the Peace ap- pealed against shall be APPENDIX. 193 Statute. EXCISE — cmtd. Whether appeal allowed and conditions. appealed against, place and de- posit in the hands of the Com- missioners of Excise, or of the Collector of Excise in whose collec- tion, or of the Supervisor of Excise in whose district the information shall have been exhibited, the amount of the penalty or penalties in which such party or parties shall have been mitigated, or where the judgment appealed against shall be either for or against the con- demnation of any goods, coidmodi- ties, or chattels seized as forfeited, such goods, commodities, and chattels shall be left and deposited witli the Commissioners of Excise, or the Collector of Excise in whose collection or the Supervisor of Ex- cise in wliose district the informa- tion shall have been exhibited, until the final adjudication and determination of such appeal. 4 & 5 W. 4, c. 51 (Collection of Eevenue of Excise), s. 23 (see also Note 2), enacts: That if there shall not be twenty days {Note 5) between the time of any judg- ment being given by any Justices of the Peace on any information exhibited before them and the next General Quarter Sessions of the Peace {Note 7) and the party against whom such judgment shall be given shall appeal against the same, then such appeal may be to the Quarter Sessions next after the expiration of twenty days {Note 5) from the giving of such judgment; and any notice of appeal shall be given by any oificer of Excise who shall attend and conduct the proceedings on the part of the Kevenue of Excise, notwithstanding such officer may not be the officer named in the information as informing or ex- hibiting the same. 4 & 5 V. c. 20, s. 30, enacts: That the notice of the time and place when and where any appeal to the Barons of Her Majesty's Quarter Sessions pro- cedure. affirmed by the Court of Appeal, such judgment shall be enforced and exe- cuted by the Commission- ers of Excise or Justices of the Peace respectively, in like manner as if there had been no such appeal : and that where the judg- ment appealed against shall be reversed and another or different judg- ment given by the Court of Appeal than the judg- ment given by the Com- missioners of Excise or Justices of the Peace ap- pealed against, such new judgment shall be enforced and executed as herein- after mentioned, by the Commissioners of Appeal or Justices of the Peace at the General Quarter Ses- sions by whom respect- ively such new judgment shall have been given. 4 & 5 W. 4, c. 51, s. 24, enacts : And whereas by the said recited Act (7 & 8 Geo. 4, c. 53) Com- missioners of Appeal and " Justices at the Quarter Sessions shall not at the hearing of any appeal examine any evidence or witness or witnesses other than or different from the evidence and the witness or witnesses which and who shall have been before ex- amined before the Com- missioners of Excise or Justices of the Peace re- spectively at the trial and hearing at the informa- tion upon which the ori- ginal judgment appealed against shall have been given : and great incon- venience has been exper- 194 APPENDIX. Statute. EXCISE — contd. Whether appeal allowed and conditions. Court of Exchequer or to the Jus- tices assembled at the Quarter Sessions ... is to be heard, shall be given on the part of the appel- lant to or left at the place of abode of the respondent seven clear days at least (Xote 29) before appeal is to be heard and determined. N.B. The appeal clause in 8 Geo. 4, c. 53, s. 82, will apply to all Excise cases as — By 28 & 29 V. c. 96, s. 25 (In- land Kevenue), in case of any com- plaint brought before the Commis- sioners of Inland Revenue or Justices of the Peace respectively by virtue of the provisions con- tained in the 207th section (Com- plaints of overcharges and over- payments) of 4 & 5 W. 4, c. 51, in resjject of any matter or tiling whicli may be the .snhject of com- plaint under the said section, if the complainant or the solicitor or supervisor to whom notice of com- plaint is bj' law required to be given in such case sliall feel ag,grieved (Note 9) by the judg- ment and determination of the said Commissioners or Justices respectively, it shall be lawful for either party aggrieved thereby to appeal from such judgment and determination in like manner, and upon giving such notice (Xote 16), and upon such terms, conditions, and regulations so far (as the same shall be applicable) as are pre- scribed in the cases of appeals by the several Acts passed respect- ively in the 7 & 8 Geo. 4, c. 53 ; 4 &"5 W. 4, c. 51 ; and 4 V. c. 20 ; provided that no such appeal shall be allowed when the sum in dis- pute shall not exceed £50 (ex- clusive of costs, Reg. v. //. War- vyickshire, ante, p. 6). This section together icifh the first re- cited Act appears to do aicay icith the difficulty as to the power of appeals under the Excise Act being implied : R. v. JJ. Surrey, 2 T. R. Quarter Sessions pro- cedure. ienced by justices deciding on alleged defects in in- formations and dismissing the same without any examination of witnesses whereby the remedy of appeal hath been lost : " be it further enacted that where the Commissioners of Excise or Justices of the Peace respectively before whom any information shall be exhibited shall dismiss such information without examination of witnesses or shall refuse to examine any witness pro- duced on the hearing of the information, the seve- ral witnesses refused to be examined shall be tendered to the said Commissioners or Justices respectively for examination on the part of the informer or defen- dant, as the case may be, and the said Commis- sioners or Justices respect- ively shall on ascertaining the witnesses so tendered for examination to be present, cause their names to be taken down in writ- ing and shall transmit the same with the information and judgment to the Com- missioners of Appeal or Quarter Sessions respect- ively ; and the several witnesses so tendered for examination, and whose names shall be so trans- mitted, shall on the hear- ing of the appeal be ex- amined in the case, al- though not examined before the Commissioners or Justices on the original hearing and judgment. By 4 & 5"W. 4, c. 51, s. 23 . . . it shall be law- ful for any Court of APPENDIX. 195 Statute. EXCISE— coH^d EXHIBITION MEDALS. 26&27 V.c. 119. EXPLOSIVES ACT, 1875. 38 V. c. 17. (Petroleum, p. 240). FACTORIES AND WORKSHOPS. 41 V. c. lU; 4G & 47 V. c. 53. Whether appeal allowed and conditions. 509 ; R. V. Hanson, 4 B. & A. 519, ante, p. 3). No (but see Note 1). Yes (see also Note 2). S. 93. If any party feels aggrieved (Note 9) by any .summary order made by a Court of Summary Jurisdiction under this Act, or by any orde"r or conviction made by a Court of Summary Jurisdiction in determining any complaint or information under this Act, by which order or conviction the sum adjudged to be paid, including costs, and including the value of any forfeiture, exceeds twenty pounds, the party so aggrieved may appeal therefrom to Quarter Sessions in manner provided with respect to an appeal to Quarter Sessions by s. 110 of 24 & 25 V. c. 96. (See under Larceny.) N.B. — -In giving notice of appeal other tJian against a summary con- viction, 12 & 13 V. c. 45, s. 1, Baines' Act ^ ante, p. 81), should be referred to (^Note 16). Yes (see also Note 2, ante). S. 90. If any person feels aggrieved (Note 9) by a conviction or order made by a Court of Summary Jurisdiction on determining any information or complaint under this Act he may appeal therefrom : subject in England to the condi- tions and regulations following : (1.) The ajDi^eal shall be made to the next practicable Court of General or Quarter Sessions (Note 4) having jurisdiction in the county or place in which the de- Quarter Sessions pro- cedure. Quarter Sessions before whom the appeal shall be brought to adjourn the hearing thereof ito the next Quarter Sessions, then to hear and finally to deter- mine the same. (5.) The Court of Ap- peal may adjourn the hearing of the appeal, and ui^on the hearing thereof may confirm, reverse, or modify the decision of the Court of Summary Juris- diction with the opinion of the Court thereon, or make such other order as the Court thiidvs just ; and (6.) The Court of Ap- peal may also make such order as to costs to be paid o 2 196 APPENDIX. Statute. Whether appeal allowed and conditions. Quarter Sessions pro- cedure. FACTORIES AND WORKSHOPS— continued. cision of the Court waa given {Note 7), holden not less than twenty-one days {Note 5) after the day on which such decision was given ; and (2.) The appellant shall within ten days {Note 5) after the day on which the decision of the Court was given, serve notice {Notes 16 and 19) on the other party {Note 28) and on the Clerk of tlie Court of Summary Jurisdic- tion of his intention to appeal and of the general grounds of such ap- peal {Note 12) ; and (3.) The appellant shall within three days {Note 5) after such notice is served {Note 28) enter into a recognizance before a Court of Summary Jurisdiction {Note 6) with or without surety or sureties as the Court may direct, con- ditioned to appear at the said Sessions, and to try such appeal and to abide the judgment of the Court there, and to pay such costs as may be awarded by the Comt, or the appellant may, if the Court of Summary Jurisdiction think it expedient, instead of entering into a recognizance, give such other se- curity by deposit, of money with the Clerk of the Court of Summary Jurisdiction, or otherwise as the Court deem suflBcieut ; and (4.) Where tlie appellant is in custody a Court of Summary Juris- diction may, if they think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody. N.B. — In giving notice other than against a conviction, 12 (fe 13 V. c. 45, Baines' Act. p. 81 {and Note 16), should he referred to. (8.) Every notice in writing re- quired by this section to be given by an appellant may be signed by him or by his agent on his behalf, and may be transmitted in a regis- by either party as the Court thinks just; and (7.) Clerk of the Peace to endorse the conviction, &c., if reversed, to be deemed sufficient evidence of revision. APPENDIX. 197 Statute. FACTOKIES AND WORKSHOPS— continued. FAIRS. See Markets and Fairs. FIRE BRIGADE (Metropolis). 28 & 29 V. c. 90. FISHERIES. (a.) Salmon Fish- eries Act, 1861 -1876. 24&25V.C. 109; 28 & 29 V. c. 121; 36 & 37 Vict. c. 71 ; 39 & 40 V. c. 19. Whether appeal allowed and conditions. tared letter by the post in the ordinary way, and shall be deemed to have been served at the time when it should be delivered in the ordinary course of post {Note 32). No (but see Note 8). Quarter Sessions pro- cedure. . . . The Court may ad- journ the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the justices with or without costs, to be paid by either party. Yes (see also Note 2) (s. 66) 28 & 29 V. c. 121. If any person feels aggrieved {Note 9) by any determination or adjudication of the Justices with respect to any penalty or forfeiture under the Salmon Fishery Acts, 1861, 1865, or either of the said Acts, the person so aggrieved may appeal to the Court of General or Quarter Sessions {Note 4) for the county or place in which the cause of appeal has arisen {Note 7), holden not less than fifteen days {Note 5) and not more than four months {Note 17) after the decision of the Justices . . . the .appellant shall, within three days {Note 5) after the cause of appeal has arisen {Note 14) give notice {Note 16) in writing {Note 11) to the other party {Notes 27 and 28) to the proceedings of his intention to appeal, and of the grounds thereof {Note 12), and also . . . the ap- pellant sliall within three days {Note 5) after the cause of ap- peal has arisen {Note 14) enter into a recognizance before a Jus- tice of the I'eace {Note 6) with two suificieut sureties conditioned per- sonally to try such appeal, and to I abide judgment of the Court j 32. A notice posted so as to reach the respondent on Sunday has been held to be invalid : Asprell v. Lancashire J J., 16 Jur. Q. B. 1067, n. ; Peacock v. The Queen, 4 C. B. N. S. 264 ; 27 L. J. M. C. 224, ante, p. 28. 198 APPENDIX. Statute. FISHERIES— confci. (6.) Freshwater Fisheries Act, 1878. 41 & 42 V. c. 39. (c.) Fisheries (Dy- namite) Act. 40 & 41 V. c. 65. (rf.) Sea (Oyster and Mussel). 31 & 32 V. c. 45 ; 37 & 38 V. c. 25. Offences against regulations. Whether appeal allowed and conditions. thereon, and to pay sucli costs as may be awarded. . . N.B. — In (jiving notice of ap- peal other than against a summary conviction, 12 & 13 V. c. 45 {Baines' Act, p. 81) should he referred to (Note 16). Yes (see also Note 2), as under 28 & 29 V. c. 121, supra. No (but see Note 1). Yes (see also Note 2). S. 58, 31 & 32 V. c. 45, any persons . . . aggrieved (Note 9) by any con- viction . . . or by any determina- tion or adjudication of the Court with respect to any compensation under this Act, where the sum adjudged to be paid exceeds £5 (exclusive of costs : B.y. J J. War- wickshire, ante, p. 6) or the period of imprisonment adjugded exceeds one month (now any term, s. 19, Summary Jurisdiction Act, 1879), be may appeal there- from in the manner following, (that is to say) in England in manner directed by law (42 & 43 V. c. 49, s. 31, ante), subject in the City of London and the Metropolitan Police District to the enactments in that behalf made (2 & 3 V. c. 71, s. 50), and subject else- where to the conditions and regu- lations following : 1. The appeal shall be made to some Court of General or Quarter Sessions (Note 4) for the county or place in which the Court whose decision is complained of has jurisdiction (Note 7) holden not less than fifteen days (Note 5) and not more than four months (Note 17) after the decision of the Court from which the appeal is made. Quarter Sessions pro- cedure. (d.) The Court may ad- journ the appeal, and upon the hearing thereof they may reverse, confirm, or modify the decision of the justice . . . with or with- out costs, to be paid by either party. APPENDIX. 199 Statute. FISHERIES— co?i-•) with reciiec-t to tbe recovery of damages not si)ecially provided fur, and pcnaltios, and to the de- termination of any other matter referred to justices, shall be iu- corjiorated with this Act : query, can the power of appeal, not being spccialli/ tniutioned, be implied (see Note 25). By s. 5(J, however, the Metro- polis is treated diiferently, " Every penalty or forfeiture imposed by this Act, or the special Act, for an olfence which shall take pdacc in the Metropolitan Police District shall be recovircd, enforted, ac- counted for, and, except where the application thereof is otiierwise specially lavivided for, shall be (Quarter Sessions pro- cedure. 230 APPENDIX. Statute. THE MAEKETS AND FAIRS CLAUSES ACT, 1847 — continued. Fairs in Metro- polis. 2 & 3 V. c. 47, s. 40. Eight of Hokling. MARRIED WO- MEN'S PROTEC- TION ORDERS. 20 & 21 Y. c. 85, 8.21. This section is virtually repealed hy the Married Woiiven^s Property Act, 1882. MASTER AND SERVANTS. See Employer and Workmen. MATRIMONIAL CAUSES ACT, 1878. 41 & 42 V. c. 19. Sei')aration order on conviction for an aggravated assault under 24 & 25 V. c. 100, s. 43. Whether appeal allowed and conditions. Quarter Sessions pro- cedure. paid to the Keceiver of the Metro- politan Police District, and shall be applied in the same manner as penalties or forfeitures are applied by an Act passed in the 3 & 4 v., intituled An Act for the Regulating of the ]\Ietropolis : and every order or conviction of any of the Police ]\Iagistrates in respect of any such forfeiture or penalty sliull he suhject to the like appeal, and upon the same terms as is provided in respect of any order or conviction of any of the said magistrates by the said last- mentioned Act (see 2 & 3 V. c. 71). By s. 40, the owner or occupier of the ground on which any fair is held may enter into a recogni- zance in £200 to appear in the Court of Queen s Bench on first day of the term to answer any information of the Attorney or Solicitor General touching his right to such fair. No. But by a proviso husband, or any creditor of or person claim- ing under him, may apply to the magistrate or justices by whom such order was made (or successor of magistrate, 27 & 28 V. c. 44, s. 1) for the discharge thereof. The order is to have the effect in all respects of a decree of judicial separation on the ground of cruelty, and is to be subject to appeal to the Probate and Ad- miralty Division of the High Court of Justice. APPENDIX. 231 Statute. MEDICAL PEAC- TITIONERS. 21 & 22 Y. c. 90 ; 46 & 47 V. c. 19. MERCHANDISE MAEK3. 25 & 26 V. c. 88. MERCHANT SHIP- PING ACTS, 1854 -1880. 17&18V.C. 104; 43 & 44 V. c. 43. Whether appeal allowfd and conditions. No (but see Note 8). Xo (but see Note 8). Yes (see also Note 2). Sect. 518 of Merchant Shipping j^Lct, 1854. In all cases of summary conviction in England where the sum adjudged to be jDaid exceeds £5 (exclusive of costs, R. v. JJ. Wancickshire, ante, p. 6), or the period of imprisonment adjudged exceeds one month (noiv any term, s. 19 Summary Jurisdiction Act, 1879, ante, jj. Ill), any pf^rson wlio thinks himself aggrieved (Note 30) by such conviction may appeal to the next Court of General or Quarter Sessions (Note 4) which is holden not less than twelve days (Note 5) after the day of such conviction for the county, &c. (Note 7), wherein the case has been tried, provided that such person shall give to the complain- ant (Note 28) a notice (the 12 & 13 V. c. 45, s. 1, Baines' Act, does not apply to summary convictions, see Note 16), in writing (Note 11), of such appeal, and of the cause and matter thereof (Note 12) within three days (Note 5) after such conviction, and seven clear days (Note 29) at the least before such Sessions, and shall also either remain in custody until the Ses- sions, or enter into a recognizance with two sufficient sureties before a Justice of the Peace (Note 6), conditioned personally to appear at the said Sessions, and to try such appeal, and to abide the judg- ment of the Court thereupon and to pay such costs as shall be by the Court awarded : and upon such notice being given and such recognizance being entered into, Quarter Sessions pro- cedure. . . . Sessions shall hear and determine the matter of the appeal, and shall make sucli order therein with or without costs to either party as to the Court shall seem meet, and in case of the dismissal of the appeal or the affirm- ance of the con vie Lion, shall order and adjudge the offen ler to be punished according to the conviction and to ixA}- such costs as may be awarded, andshall, if necessary, issue process for enforcing such judg- ment. 232 APPENDIX. Statute. MERCHANT SHIP- PING ACTS, 1854 -1880— coh/c?. MERCHANT SHIP- PING (FISHING BOATS) ACT, 1883. 4G & 47 V. c. 4. METAL DEALERS. See Marine Store Dealers. METROPOLIS MANAGEMENT ACTS. (« ) IS & 19 V. c. 120 (1855); 19 & 20 V. c. 112 (1856); 21 & 22 V. c. 104 (1858); 25 & 26 V. c. 102 (1862), to he read as one Act; 41 & 42 Y. c. 32 (1878). Whether a[)peal allowed and conditions. the justice before whom the same shall be entered into shall liberate such person, if in custody. {In stating a case on a question of law, 25 * 26 V. c. 6:5, s. 65, says that nothing in the 3rd sec- tion of 20 & 21 V. c. 43, ante, p. 71, except fees to clerk to justice, shall extend to any pro- ceeding under the direction of the Board of Trade ; but see s. 33 of Summary Jurisdiction Act, 1879, ante, p. 129.) S. 51 says : For the purpose of jurisdiction, punishment, and legal proceedings and procedure, all offences under this Act shall be deemed to be offences under the Merchant Shii^jjing Acts, 1854 to 1883, and every of them ; query, can the right of appeal, not being here specially mentioned, be im- plied (Note 25). If the appeal is against a con- viction ivhere imprisonment only is adjudged, then the party can appeal under the Summary Juris- diction Act, 1879, ss. 19, 31. (see also Note 8). Yes (see also Note 2). S. 231 of 18 & 19 V. c. 120. Any per- son . . . aggrieved {N^ote 9) by any adjudication or determination of any justice or justices with resjiect to any penalty or forfeiture under the provisions of this Act, such ■party may appeal to the (General or Quarter Sessions (Note 4), but no such appeal shall be enter- tained unless it be made within four months (Note 17) next after the making such determination or adjudication (Note 14), nor unless ten days' (Note 5) notice (the 12 & 13 V. c. 45, s. 1, Baines' Act, does not apply to summary (Quarter Sessions pro- cedure. S. 232. At the General or Quarter Sessions for which such notice is given the Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjoiu'u it to the following Sessions, and ui^on the hearing of such appeal the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or c^uosh the adjudication and order any money paid to the appellant, or levied APPENDIX. 233 Statutio. Whether appeal allowed and conditions. Quartei- Sessions pro- cedure. METROPOLIS MANAGEMENT KC1&— could. {b.) Metropolitan Building Act, 1855. 18&19V.C. 122. (c.) Metropolis Management and Building Acts (Amendment) Act, 1882. 45 & 46 V. c. 14. convictions, see Note 16) in writing (Note 11) of such ai)pcal, stating tlie nature and grounds thereof {Note 12), be given to the party against whom the appeal is brought (Notes 27 and 28), nor unless the appellant forthwith (Note 23) after such notice enter into recogni- zances with two sureties before two Justices, conditioned duly to prosecute such appeal and to abide the order of tlie Court there- on. (There is no appeal against an order under this Act : see Ex parte Elsden, 46 J. P. S46.) Yes (to High Court of Justice in form of special case). S. 106. In every case, except in respect of fees of a district surveyor in which jurisdiction is hereinbefore given to a Justice of the Peace, if either party to auy such case is dissatis- fied with the determination of the justice so convicting (Scott v. Legg, p. 18) in respect of any point of law or of the admission or rejection of any evidence, such party may, upon giving notice within seven days (Note 5) to the other party of his intentiou to ap- peal, appeal tiierefrom to any of the Superior Courts of Common Law at Westminster, sribject to the restriction, that no such appeal shall be made by any district surveyor except with the consent of the justice before whom the case is tried, and that no such appeal shall be made by any other party to the case except upon giving security for costs . . . (S. 107). Appeal shall be in the form of a special case . . . Yes (see also Note 2). 8. 22. Every penalty imposed by Part II. of this Act may be recovered ... in like manner and subject to the like right of appeal as if the same were a penalty recovered by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to tlie party injured as they may judge reason- able, and they may make such order concerning costs, both of the adjudi- cation and of the appeal, as they may think reason- able. 234 APPENDIX. Statute. METROPOLIS MANAGEMENT ACTS— co;t^d. Part II. Part III. METROPOLITAN FIRE BRIGADE ACT, 1865. 28 & 29 V. c. 90. Chimneys on Fire. METROPOLITAN OPEN SPACES ACT, 1877. 40 & 41 Y. c. 35. METROPOLIS, THAMES, PRE- VENTION OF FLOODS. 42 & 43 V. c. METROPOLIS SLAUGHTER- HOUSES ACT, 1874. 37 & 38 V. c. 67. Whether appeal allowed and conditions. by summary prnceedings under the Metropolis Management Act, 1855, supra. And every penalty imposed by Part III. of this Act may be re- covered by summary proceedings ... in like manner and subject to the like right of appeal as if the same were a penalty . . . under the Metropolitan Building Act, 1855, supra. No. No (but see Note 8). See " Thames." Yes (see Note 2). S. 6. Any party . . . aggrieved (Note 9) by any order or conviction made by a Court of Summary Jurisdiction under . . . this Act, the party so aggi'ieved may appeal therefrom, subject to the conditions and regulations following : (1.) The appeal shall be made to some Court of General or Quarter Sessions (Note 4) for tlie county or place (Note 7) in which the cause of appeal has arisen, holden not less than fifteen days (Note 5) and not more than four Quarter Sessions pro- cedure. The Court of Appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the Court of Summary Jurisdiction or remit tlie matter to the Court of Summary Juris- diction with the oi^iniou of the Court of Appeal there- on, or make such other order in the matter as the Court thirdvs just. The Court of A [(peal may also APPENDIX. 235 Statute. METROPOLIS 8LAUGHTEK- HOUSES ACT, 1874 — continued. METROPOLIS GAS ACT, 1860. 23&24 V.C.125. METROPOLIS SMOKE ACTS. Sec " Smoke." METROPOLITAN SUBWAYS ACT, 1868. 31 & 82 V. c. 80. METROPOLITAN POLICE. See " Police (Metropolitan)," Whether appeal allowed and conditions. months {Note 17) after the deci- sion of the Court from which the appeal is made. (2.) The appellant shall, within seven days after the cause of ap- peal has arisen {Note 14), give notice {Note 16, as to Bailies' Act) to the other party {Note 28) and to the Court of Summary Juris- diction {Note 15) of his intention to appeal, and of the ground there- of {Note 12). (3.) The appellant shall im- mediately {Note 31) after such notice enter into a recognizance before a justice {Note 6) with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court, or give such other security by deposit of money or otherwise as the justice may allow. N.B. — In giving notice of appeal other than against a summary con- viction, the 12 & 13 V. c. 45, Baines' Act, should lie referred to {Note 16). Yes (see also Note 2). S. 46. Every order or conviction in respect of any such penalty shall be subject to the like appeal and upon the same terms as is by 2 & 3 V. c. 71, s. 50. See Police (Met- ropolitan). No (but see Note 8). Quarter Sessions pro- cedure. make such order as to costs to be paid by either party as the Court thinks just. 236 APPENDIX. Statute. METROPOLITAN STREETS ACT, 1867. 30&31V.C. 134. See " Police (Met- ropolitan)." MILITIA. See " Army." MINES. («.) Coal Mines Regulation Act, 1872. 35 & 3G V. c. 76. Whether appeal allowed and conditions. Yes (see also Note 2). S. 61. If any person feels aggrieved {Note 9) by any conviction made by a Court of Summary Jiiris- diction on determining any infor- mation made under this Act, by which conviction imprisonment is adjudged in pursuance of this sec- tion, or by which conviction the sum adjudged to be paid amounts to or exceeds half the maximum penalty, the person so aggrieved may apjieal therefrom, subject to the conditions and regulations following : (1.) The appeal shall be made to the next Coiirt of General or Quarter Sessions {Note 4) for the coimty, division, or place {Note 7) in which the cause of appeal has arisen, holden not less than twenty- one days {Note 5) after the deci- sion of the Court from which the appeal is made : (2.) The appellant shall, within seven days {Note 5) after the cause of appeal has arisen {Note 14), give notice {the 12 & 13 V. c. 45, 8. 1, Baines Act, does not aiyplij to summary conrictiona, see Note 16) to the other party {Note 28) and to the Court of Summary Jurisdiction {Note 15) of his in- tention to appeal and of the ground thereof {N^ote 12). (3.) The appellant shall, im- mediately {Note 31) after such notice, enter into a recognizance before a Justice of the Peace {Note 6), with two sufficient Quarter Sessions pro- cedure. (5.) The Court of A})- l^eal may adjourn the appeal and upon the hear- ing thereof they may con- firm, reverse, or modify the decision of the Court of Summary Jurisdiction, or remit the matter to the Court of Summary Juris- diction with the opinion of the Court of appeal thereon, or make such other order in the matter as tiie Court thinks just. The Court of Appeal may also njake such order as to costs to be paid by either party as the Court thinks just. APPENDIX. 237 Statute. MINES — continued. (h.) Metalliferous Mines Regula- tion Act, 1872. 35 & 36 V. c. 77. MONUMENTS (METEOPOLIS). 41 & 42 V. c. 29. MUNICIPAL COR- PORATION ACT, 1882. 45 & 46 V. c. 50. Against a Watch Bate. MUNICIPAL ELECTIONS. See " Elections." Whether appeal allowed and conditions. sureties, conditioned personally to try such ajipeal and to abide the judgment of the Court there- on, and to paj' such costs as may be awarded by the Court, or give such other security by deposit of money or otherwise as the Justice may allow : (4.) The Justice may, if he thinis fit, on the appellant enter- ing into such recognizance or giving such other security as afore- said, release him from custody : Yes. S. 32. Identical with s. 01 of Coal Mines Eegulation Act, 1872, supra. Quarter Sessions pro- cedure. No (but see Note 8). Yes (see also Note 2). S. 219 (2). Any person aggrieved {Note 9) by a conviction of a Court of Summary Jui'isdiction under this Act may appeal therefrom to a Court of Quarter Sessions {Note 4). {As this section does not impose any conditions of appeal, those contained in the Summary Juris- diction Act, 1879, s. 31, p. 125, should he complied ivith : see B. v. //. Sliropshire, p. 14.) Any person who thinks himself aggrieved {Note 20) by such a separate rate may appeal to the Kecorder at the next Quarter Sessions as in cases of appeals against a poor rate. No certiorari. The procedure con- tained in Summary Juris- diction Act, 1879, s. 31 (5), p. 125, should be fol- lowed). 238 APPENDIX. Statute. Whether appeal allowed and conditions. Quarter Sessions pro- cedure. NAVY. (a.) Navy Pre- vention of De- sertion Act, 1847. lO&llV.c. 62. Fraudulent con- fession ; Offen- ces by gaolers. (/).) Navy Entry and Service Act, 1853. 1G&17V.C.69. False statements on entering Navy ; seUimj spirits, &c. (c.) Naval Discip- line Act, 1866. 29 & 30 V. c. 109. Aiding escape of prisoners ; of- fences by gaol- ers. NAVAL STOEES. See " Stores." NEWSPAPER LIBELS. See " Libels." NUISANCES. Sec '• Health." OYSTER AND MUSSEL FISHERIES. See " Fisheries." PARLIAMEN- TARY ELEC- TIONS. See "ElectioDs " and "Corrupt Practices." No (but see Note 1). No certiorari. 2. No (but see Note 1). No certiorari. 3. No (but see Note 1). APPENDIX. 239 Statute. PARKS REGULA- TION ACT, 1872. 35 & 36 V. c. 15. PATENTS, DE- SIGNS, AND TRADE-MARKS ACT, 1883. 46 & 47 V. c. 57. PAUPERS. See " Poor." PAWNBROKERS ACT, 1872. 35 & 36 V. e. 93. Whether appeal allowed and conditions. No (but see Note 8). No (but see Note 8). Yes (sue also Note 2). S. 52. If any person thinks himself ag- grieved {Note 30) by any con- viction or order of a Court of Summary Jurisdiction under this Act, or by the refusal of a certifi- cate for a license, he may appeal therefrom, subject to the con- ditions and regulations follow- ing:— (1) The appeal shall be made to some Court of General or Quarter Sessions (Note 4) for the county or place (Note 7) in which the cause of appeal has arisen, held not less than fifteen days (Note 5), and (unless adjourned by the Court) not more than four months (Note 17) after the decision or refusal appealed from : (2) The a23pellant shall within seven days (Note 5) after the cause of appeal has arisen (Note 14) give notice (the 12 & 13 V. c. 45, s. 1, Buines' Act, does not apply to summary conviction, see Note 16) to the other party (Notes 19 and 28), and to the Court (Note 15) or authority ap- pealed from of his intention to appeal, and the ground thereof (Note 12) : (3) The appellant shall imme- diatel)' (Note 31) after such notice enter into a recognizance before a justice (Note 6) with two suf- ficient sureties conditioned per- sonally to try such appeal, and to abide the judgment of the Court Quarter Sessions pro- cedure. (5) The Court of Ap- peal may adjourn the ap- peal ; and upon the hear- ing thereof, may confirm, reverse, or modify the decision or refusal ap- pealed fi'om, or remit the matter with the opinion of the Court of Appeal thereon, or make such other order in the matter as the Court thinks just, and may make such order as to costs to be paid by either party as the Court thinks just. 240 APPENDIX. Statute. Whether appeal allowed and Quarter Sessions pro- conditions. cedure. PAWNBBOKEES thereon, and to pay such costs as ACT, 1872— conly to proceedings under customs, ex- cise, stamps, taxes, or post office Acts. N.B. — This section does iwt re- quire any notice, and it ivould appear tliat ichen the appeal is against a conviction none need he qiven {in the case of an order, 12 & 13 V. c. 45, s. 1, Baines' Act, ante, p. 81, should he referred to) as some conditions precedent are enacted, hut it would he safer to give the notice laid doicn in the Summary Jurisdiction Act, 1879 (s. 31 (2), ante, p. 125). See cases quoted at pages. 14-17.) Yes (see also Note 2). S. 101. That it shall be lawful for any person who shall think himself aggrieved (Note 30) or overrated by any rate made in pursuance of this Act, and also for any person who shall be convicted by any justice of the said city of any offence against this Act, to appeal to the justices of the peace for the said city at their General or Quarter Sessions (Note 4) to be holden for the said City of London within three calendar months (Note 17) next after such cause of complaint shall arise (Note 14), . . . and the said jus- tices are hereby autho- rized and required to take cognizance thereof, and to hear and determine such complaint, and shall and may, if they see cause, amend the said rate, or vacate or set aside the conviction, and set the parties at liberty or other- wise may ratify or con- firm the same respectively with such costs as to them in llieir discretion shall seem reasonable . . . APPENDIX. 243 Statute. POLICE (METKO- POLITAN)— con^fZ. Whether appeal allowed and conditions. (c.) Police (Towns) Town Police Clauses Act, 1847. 10 & 11 V. c. 89. POOR. (a.) Neglect of duty by over- seers. 33 Geo. 3, c. 55. {h.) 55 Geo. 3, c. 137. unless the same shall arise withiu fourteen days (Note 5) preceding such sessions, in which case such appeal may be brought at the second sessions after such cause shall arise . . . provided always that the person so appealing as aforesaid shall and he is hereby required to give {Notes 15 and 37) notice {the 12 & 13 V. c. 45, s. 1, Baines' Act, does not apply to sum- mary convictions. Note 16) in writing {Note 17) of such inten- tion of bringing or prosecuting such appeal fourteen days {Note 5) before the said General or Quarter Sessions, and shall before such notice given, enter into a recog- nizance before some justice of the said city in the sum of £20 with two sufficient sureties in the sum of £10 each, with condition to pro- secute such appeal, and to pay all costs in case such appeal shall be determined against the party so appealing. 2. S. 73 says : The clauses of the Railway Clauses Consolida- tion Act, 1845, with rcsj^ect to the recovery of damages not specially provided for and penalties, and to the determination of any other matter referred to Justices, shall be incorporated with this and the special Act. Query, can the power of appeal, not being here specially mentioned, be implied. See Note 25. Tlie Summary Jurisdiction Act, 1879, s. 19, authorizes an appeal in every case ivhere imprisonment only is adjudged. See Note 1. Yes (see also Note 2). S. 1. See under " Constables." Yes (see also Note 2). S. 9. That if any person shall think Quarter Sessions pro- cedure. And the said Sessons shall liear and determine the causes and mutters of such appeal in a summary way, and make such order therein as the said Justices shall think proper, and the determination of such Justices at their General or Quarter Sessions shall be final and conclusive. . . . eitiier of wliich Court of Sessions is hereby B 241 APPENDIX. Statute. 'SOO'R—conthined. Buying goods provided for poor persons ; b 1 i t e r ating marks; ab- sconding with property ; in- mates refusing to work. (r.) Carrying spirits in work- house ; master permitting or ill-treating paupers ; over- seers or master of workhouse disobeying justices' orders; purloining goods or dis- obeying com- missioners. 4 & 5 W. 4, c. 76. Whether appeal allowed and conditions. himself aggrieved {Note 30) by the judgment of such Justices, such person may ap23eal to the next General or Quarter Sessions (Notes 3 and 4) to be held for the county, city, or place (Note 7) wherein the cause of complaint shall have arisen, such person at the time of his conviction enter- ing into a recognizance with two sufficient sureties conditioned per- sonally to appear at the said Sessions to try such appeal, and to abide the further judgment of Justices at such Sessions as- sembled. N.B. — This section does not re- quire any notice (the 12 & 13 V. c. 45, s. 1, Baines Act, does not apply to summary convictions. Note 16), and it ivould seem that none need be given as some con- ditions precedent are enacted, but it looidd be safer to give the notice laid doivn in the Summary Juris- diction Act, 1879, ante, p. 125; see cases quoted at pp. 14-17. 3. Yes (see also Note 2). S. 103. . . . Any person . . . aggrieved (Note 9) by any order or convic- tion of any Justice where such person . . . shall be convicted in any penalty . . . exceeding five pounds (exclusive of costs, R. v. Warwickshire J J., ante, p. 6 ), it shall be lawful for such per- son ... to appeal to any General or Quarter Sessions (Note 4) . . . to be held in and for the county, riding, or division (Note 7) in which such order shall have been or conviction taken place within four calendar months (Note 17) next after the cause of complaint shall have arisen (Note 14), or if such Sessions shall be ht Id before the expiration of one calendar month next after tlie cause of complaint, then such appeal shall be made to the next Quarter Sessions pro- cedure. empowered to hear and finally determine the matter of the said appeal, and to make such order therein as to them shall seem meet ; which order shall be final and con- clusive to and upon all parties . . . and such Jus- tices upon hearing and finally determining such matter of appeal shall and may, according to their discretion, award such costs to the party appealing or appealed against as tliey shall think proper, and their determination in or concerning the premises shall be conclusive and binding on all parties to all intents and pui-poses whatsoever. APPENDIX. 245 Statute. POOR — contviued. (d.) Overseers not collecting suffi- cient rates or paying moneys to guardians ; delaying relief; neglecting or altering ac- counts; of- fences as to bastards ; bu- rial of paupers; apprentices. 7 & 8 V. c. 101. (e.) Paupers ap- plying for re- lief possessing money. 11 & 12 V. Clio. (/.) Paupers re- fusing to work. 29&80 V.c. 113. Whether appeal allowed aud conditions. following Sessions, . . . provided that the person ... so api>ealing shall give or cause to be given (Note 28) at least fourteen days' (Note 5) notice (Note 16 as to Baines' Act) in writing (Note 11) of his . . . intention of appealing as aforesaid, and of the matter or cause thereof (Note 12) to the respondent or respondents, and within five days (Note 5) after such notice shall enter into a recogni- zance before some Justice (JVofe 6) of the Peace, with sufficient secu- rities, conditioned to try such appeal at the then next General Sessions or Quarter Sessions . . . which shall first happen, and to abide the order of and pay such costs as shall be awarded by tlie Justices at such Quarter Sessions or any adjournment thereof. N.B. — In giving notice of ap- peal other than against a summary conviction the 12 & 13 V. c. 45, s. 1, Baines' Act, should he referred to : see Note 16. No (but see Note 1). Yes (see also Note 2). Person convicted to be deemed an idle and disorderly person under Va- grant Act, post. Yes (see also Note 2). To be deemed a rogue and vagabond under Vagrant Act, post. Quarter Sessions pro- cedure. 246 AFPEXDIX. Statute. TOOB,— rout! nncil. (fj.) Pauper In- mates Dis- charge Act, 1871. 34 & 35 V. c. 108. Offences by casuals. ScH also Casual Poor Act. 18S2, ante, p. 176. (h.) Parents neg- lecting chil- dren. 31 & 32 V. c. 122. (('.) Orders of maintenance under. 43 Eliz. c. 3; 59 Geo. 3, c. 12 ; 4 & 5 W. 4, c. 76. POST OFFICE. 1 Y. c. 30. Whether appeal allowed and conditions. Yes (see also Note 2). To be deemed an idle and disorderly person under the Yagrant Act. No (but see Note 1). Xo. Quarter Sessions pro- cedure. Yes (see also Note 2). S. 13. If the person convicted shall iind himself aggrieved {Note 30) by the judgment of any such Justice he may appeal against the same to the Justices of the Peace at the General or Quarter Sessions (Note 4) of the Peace for the county or place (Note 7) within which the otfence shall be committed which shall be held next after the expira- tion of ten days (Note 5) from the day on which such conviction shall have been made, of which appeal notice (the 12 * 13 F. c. 45, s. 1 (Bailies' Act), does not apply to convictions, see Note 16) in writ- ing (Note 11) shall be given to tlic prosecutor or informer (Note 28) seven clear days (Note 29) pre- vious to the first df.y of such Ses- sions: Provided always, that no person convicted before a Justice shall be permitted to appeal against such conviction unless within five days (Note 5) next after such con- And such Justices at such Sessions may examine witnesses upon oath, aud finally hear and determine such appeal, and in case the judgment of the Justice shall be affirmed, the Jus- tice at such Sessions may award and order the per- son appealing to pay such costs occasioned by such appeal as to them shall seem meet. APPENDIX. 247 Statute. POST OFFICE- continutd. PREVENTION OF CRIMES ACT. See Convicts. POUND BREACH AND RESCUE. G & 7 V. c. 30. PRINTERS. 39 Geo. 3, e. 73, s. 29 ; 32 & 33 V. c. 2i. PRISON ACT, 1865. 28 & 29 V. c. 12G. PROMISSORY NOTES ACT. 48 Geo. 3, c. 88. Whether appeal allowed and couditions. viction made lie shall enter into a recognizance, with two sufficient sureties before such Justice (^Note 6) to enter and prosecute such apjseal, and to pay the amount of the penalty and costs in which he shall have been convicted, and also to pay such further costs as shall be awarded in case such con- viction shall be atfirmed on the hearing of such appeal. No certiorari. No (but see Note 1), Id. Id. Yes (see also Note 2). S. 10. Such offender thinking bimself aggrieved (Note 30) by such con- viction shall give notii-c {the \2 & 13 V. c. 45, s. 1 (Baines' Act),does not apply to convictions, see Note 16) to the informer (Note 28) that he intends to appeal to the Justices of the Peace at the next (Note 3) General or Quarter Ses- sions (Note 4, ante) of the Peace to be holden for the county, riding, or place (Note 7) wherein the of- fence shall be committed, and shall enter into a recognizance before some Justice (Note 6) with two sufficient sureties conditioned to try such appeal, and abide the order and pay such costs as shall be awarded by the Justices at such Quarter Sessions (which notice of appeal, being not less than eight days (Note 5) before tlie trial thereof, such person aggrieved is hereby empowered to give). Quarter Sessions pro- cedure. And the said Justices at such Sessions, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall hear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the imrties appealing or appealed against as they the said Justices shall think proper ; and tlie de- termination of such Quar- ter Sessions shall be final, binding, and conclusive to all intents and purposes. 248 APPENDIX. Statute. PUBLIC GARDENS (0 EN A MENTAL AND ENCLOSED). 2G V. c. 13. PUBLIC OFFICES SITE ACT, 1882. 45 & 4G V. c. 3'2. Obstructing com- missioners. QUEEN S STORES. See " Stores." RACE-COURSES (METROPOLIS). 42 & 43 V. c. 18. RAILWAYS. (a.) Obstructing officers. 3&4V. c. 97. Railways. (?*.) Misconduct by servants. 5 & 6 V. c. 55. Railways. (c.) Railway Clauses Con- solidation Act, 1845. 8 & 9 V. c. 20. Whether appeal allowed and conditions. No (but see Note 8). Id. No (but SCO Note 1). No (but see Note 8). No certiorari. No (but see Note 1). Yes (see also Note 2). S. 15. . . . If any party shall feel ag- grieved {Note 9) by any deter- mination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this or the special Act, or any Act incorporated therewith, such party may appeal to the General Quarter Sessions {Note 4) for the county or place {Note 7) in which the cause of appeal shall have arisen, but no such appeal shall be entertained unless it be made within fom- months {Note 17) after the making of such determination or adjudication {Note 14), nor un- less ten days' {Note 5) notice {Note 16 as to Baines' Act) in writing {Note 11) of such appeal, stating the nature and grounds Quarter Sessions pro- cedure. (S. 158). ... at the Quarter Sessions for which such notice shall be given the Court shall jiroceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the fol- lowing sessions ; and upon the hearing of such appeal, the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and or- der any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such fur- ther satisfaction to be APPENDIX. 249 Statute. EAILWAYS— continued. Bail ways. (d.) Regulation of Railways Act, 1868. 31 & o2 V. c. 119. Falsifying ac- counts, Railways. (e.) Regulation of Railways Act, 1840 to 1871. 34 & 35 V. c. 78. False returns ; obstructing Board of Trade inspector. Railways. (/.) Returns to Board of Trade. 30 & 37 V. c. 70. Railways. ((/.) The Railway Returns (Con- tinuousBrakes) Act, 1878. 41 & 42 V. c. 20. Whether appeal allowed and conilitions. thereof {Note 12), be given to the party against whom the appeal shall be brought {Note 17), nor unless the appellant forthwith {Note 23) after such notice enter into recognizances with two sufiS- cient sureties, before a justice {Note 6), conditioned duly to jsrose- cute such appeal and to abide the order of the Court thereon . . . N.B. — In giving notice of appeal other than against a summary con- viction, the 12 & 13 V. c. 45, s. 1, Baines Act, should be referred to : see Note 16, No (but see Note 8). Id. Quarter Sessions j^ro- cedure. made to the party injured as they may judge reason- able ; and they may make such order concerning tho costs, both 8f the adjudi- cation and of the appeal, as they may think reason- able. Id. Id. 250 APPENDIX. Statute. RATES fPARISH). 43 Eliz. ; 17 Geo. 2, c. 38; 54 Geo. 3, c. 170. Against a war- rant of distress. REFORMATORIES SCHOOLS ACT, 1866. 29 & 30 V. c. 117. REFRESHMENT HOUSES. Seo Intoxicating Liquors. REGISTRATION OF BIRTHS AND DEATHS ACT, 1874. 37 & 38 V. c. 88. SALMON FISHER- IES. Seo "Fisheries." SANITARY ACTS. Sec " Healtli.' Whether appeal allowed and conditions. There is an appeal against a rate or assessment, hut it is not desirable to set tliis out as the parish will generally swpply all notices and information required. 17 Geo. 2, c. 38, 8. 7, says: If any person shall find him or herself aggrieved (Note 30) by such distress as aforesaid it shall and may be lawful for such per- son to appeal to the next (^N^ote 3) General or Quarter Sessions (Note 6) of the Peace for the county or precinct (Note 7) where such assessment was made. N.B. — This does not give a general right of appeal against the issue of distress warrants for rates except in cases of a warrant to dis- train goods out of the county or precinct, or in a place other than the place of assessment : see per Lush, J., Eeg. v. Kent J J., 16 L. T. (NS.) 672, " There is no ap- peal against the tvarrant at all. nor can there he, for the mere issuing of a warrant is not a grievance until an attempt is made to enforce it." No (but see Note 1). No (but sec Note b). Quarter Sessions pro- cedure. And the justices arc henby required to hear and finally determine tlie same. APPENDIX. 251 Statute. SCHOOL BOARD. See "Education." SEAMEN. See " Merchant Shipping." SEDITIOUS MEET- INGS. See " Combina- tions." SERVANTS. False cLaractors. 30 Geo. 3, c. 56. See also Em- ployers and Workmen. SLAUGTHEE- HOUSES. (a.) Licences and killing sound horses. 26 Geo. 3, c. 71. Whether appeal allowed and conditions. Yes (see also Note 2). S. 10. . . . Any person thinking him- self aggrieved (Note 30) by any- thing done in pursuance of this Act (i?. V. Tuchtr, 3 B. & C. 544, B. V. Kent JJ., d B. & C. 283, R. V. St. Alham JJ., 3 B. & C. 698) may appeal to the next {Note 3) General or Quarter Sessions {Note 4) by giving notice {the 12 i 13 F. c. Tt5, s. 1, Baines' Act, should be referred to m giving notice other than against a convic- tion, see Note 16, see also Note 37 as to ichom the notices should he given) thereof and entering into recognizance with two sufficient bureties of £20, conditioned to try the appeal, and abide the order of and pay such costs as s^hall be awarded by the justices at such sessions. No certiorari. Xo (but see Note 8). Quarter Sessions pro- cedure. . . . And the justices at such sessions may luially determine the matter, and award costs to either party as they they shall see fit. 36. The Summary Jurisdiction Acts do not apply to poor rates ; see Beg. v. Price, 5 Q. B. D. 300. No case can be stated under 20 & 21 Vict. c. 42 : Newimjtun v. South Eastern Railway, 42 J. P. 420. 37. This statute does not mention the parties to whom the notice i.> to be given, there- fore the party at whose instance the magistrate was called on to act, as well as the magistrate or magistrates themselves sliould be made respondents. Dickenson's Quarter Sessions, p. 618. As to service on the justices see Note 15, and as to the kind of notice whether verbal or not, see Note 19. 252 APPENDIX. Statute. SLAUGHTER HOUSES— ro«W. (h.) Torturing horses &c., in houses, &c. 7 & 8 V. c. 87. (e.) The Slaugh- ter-house, &c. (Metropolis) Act, 1874. 37 & 38 V. c. 69. See '-Metropolis." SMOKE (METEO- POLIS). 16 & 17 V. c. 128; 19 & 20 V. c. 107. The nuisance as to smoke is also dealt 10 i til under the Nuisance Be- moval Act, 29 & 30 V. c. 90. STAMPS. The Local Stamp Act. 32 & 33 V. c. 49. STEAM WHISTLES IN MANUFAC- TOKIES. 35 & 36 V. c. 61. STORES. Public Stores Act, 1875. 38 & 39 V. c. 25. SUNDAY. See "Lord's Day." SWEARING. 19 Geo 2, c. 21. Cursing and swearing; jus- tices and con- stables omit- ting their duty. Wiiether appeal allowed and couditions. Id. Yes. See Metropolis (and also Note 2). No (but t^ee Note 8). No. (T/te appeal clause of the 2*37. c. 71 {Metropolitan Police Act) does not apply to Stamp Acts). No (but see Note 8). Yes (see also Note 2). S. 12 incorporates the appeal clause in 24 & 25 V. c. 96 (Larceny). <,;uarter Sessions pro- cedure. No (but see Note 8). No certiorari. A PPENDIX. 253 Statute. Whether appeal allowed and conditions. TELEGKAPHS (a.) The Tele- graph Act, 1863. 2G&27V. c. 112. Misconduct of officers. Qi.) The Tele- graph Acts, 1868-1869. 31 & m V. c. 110; 32 & 33 V. c. 73. Contravention of privilege. (c.) The Tele- graph Act, 1878, 41 & 42 V. c. 76. Neglecting to serve notice of alteration of telegraph line ; injuring tele- graphs ; ob- struction. THAMES. («.) Thames Conservancy Act, 1857. 20 & 21 V. c. xlvii. Officers failing to account, of- fences against bye-laws, &c. t.) Thames Conservancy Act, 1864. 27 & 28 V. c. 113. Throwing bal- last into river, No. S. 4 says that the provi- sions of the Railway Clauses Con- solidation Act, 1845, with respect to the recovery of damages not specially provided for and of penal- ties, and to the determination of any other matter referred to jus- tices shall, so far as the same are applicable, be incorporated with this Act. Query, can the i^ower of appeal, not being specivlhj men- tioned, he implied (Note 25, hut see Note 8). No (but see Note 8). Quarter Sessions pro- cedure. Id. Yes (see also Note 2). S. IGl. . . . If any party shall feel ag- grieved (Note 9) by any adjudica- tion or determination of any justice with respect to any penalty or forfeiture under the provisions of this Act, such party may appeal to the General Quarter Sessions (Note 4), but no such appeal shall be entertained unless it be made -within four months next (Note 17) after the making of such determination or adjudication, nor unless ten days' (Note 5) notice (Nife 16) in writing (Note 11) of sucli appeal, stating the nature and grounds thereof (Note 12) be given to the party (Notv^ 27 and S. 1G2. At the Quarter Sessions for whicli such notice shall be -given the Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the fol- lowing Sessions ; and upon the hearing of such ap- peal the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or qiiash the adjudication, and order any money paid to tile apjiellant, or levied by distress upon his goods. 254 APPENDIX. Statute. THAMES— ro»^^. &c. ; obstruct- iapr bailiffs. (c.) Thames (Upper) Navi- gation Act, 1866. 29 & 30 V. c. 89. ((?.) The Water- mens and Lightermen's Amendment Act, 1859. 22 & 23 V. c. cxxxiii. Thames Pre- vention of Floods Act, 1879. 42 & 43 V. c. cxcviii. THEATRES. Unlicensed Theatres, &c. 6 & 7 V. c. G8. Whctlicr appeal allowed aud conditions. 28) against whom the appeal shall be brought, nor unless the appellant forthwith {^Note 23) after such notice enter into re- cognizances with two sufficient sureties before a justice {Note 6) conditioned duly to prosecute such appeal, and to abide the orders of the Court thereon. N.B. — In giving notice of appeal (other than against a conviction) the 12 & 13 V. c. 4.5, s. 1, should be referred to {Note 16). No (but see Note 8). Id. No certiorari. No (but see Note 8). Yes (s. 20). Any person who shall think himself aggrieved (Note 30) by any order of such justices of the peace, to appeal therefrom to the next (Note 3) General Qtiarter Sessions (Note 4) of the Peace to be holden for the said county, riding, division, liberty, city or borough (Note 7). N.B. — As this section does not impose any conditions, those con- tained in the Summary Jurisdic- tion Act, 1879, s. 31, ante, p. 125, should be complied with : 7?. v. (Quarter Sessions jiro- cedure. to be returned to hira, and may also order such further satisfaction to be made to the party injured as they may judge reason- able, and they may make such order concerning the costs, both of the adjudi- cation and of the appeal, as they may think reason- able. APPENDIX. 255 Statute. THEATRES— confJ. THRESHING MA- CHINES. 41 V. c. 12. TOWNS IMPROVE- MENTS. The Towns Im- p rovenient Clauses Act, lSi7. 10 & 11 V. c. 34. TRADE MARKS. See Merchaudise Marks. TRADE UNIONS. Trade Union Act, 1S71. 34 & 35 V. c. 31. Whetlier appeal allowed and conditions. Sliropsldre J J. (0 Q. B. D. 6G9), ante, p. 14. See aho 12 & 13 V. c. 45, s. 1, Bailies' Act, ante, p. 81, as to ivhat notice of appeal should be given before the Sessionf (Note 16> No (but see Note 8). There is an appeal to Special Sessions against a rate made by the commissioners and from thence to Quarter Sessions, but there appears to be no appeal against a conviction or order of magistrates. S. 210 says that " the clauses of the Railways Clauses C msolidation Act, 1845, with respect to the recovery of damages not specially provided for, and penalties, and to the determination of any other matter referred to justices, shall be incorporated with this and the special Act ;" query, can the power of api^eal, not being sj^ecially mentioned, be implied (^Note 25). Yes (sec also Note 2). S. 20. ... In England if any party feels aggi'ieved {Note 9) by auy order or conviction made by a Court of Summary Jurisdiction on deter- mining any complaint or informa- tion under this Act, the party so aggrieved may apijeal therefrom, subject to the conditions and regu- lations following. (1.) The appeal shall be made to some Court of General or Quarter Sessions {Note 4) for the county or place iu which the cause of appeal has arisen (Note 7), holdcn not less than fifteen days (Note 5) and not more than four months (Note 17) after the Quarter Sessions pro- cedure. (5.) The Court of Ap- peal may adjourn, reverse or modify the decision of the Court of Summary Jurisdiction, or remit the matter to the Court of Summary Jm-isdiction with the opinion of the Court of Appeal thereon, or make such order in the matter as the Court thinks just, and if the matter be remitted to the Court of Summary Jurisdiction, the said last-mentioned Court shall thereupon re- hear and decide the in- formation or complaint 256 APPENDIX. Statute. TRADE UNIONS- continucd. TEAMWAYS. The Tramway Act, 1870. 83 & 34 V. c. 78. TURNPIKES. ((( ) 3 Geo. 4, c. 126 ; 4 Geo. 4, c. 95. Whether appeal allowed and conditions. decision of the Court from which the appeal is made. (2.) The appellant shall within seven days {Note 5) after the cause of appeal has arisen (Note 14), give notice {Note 16 as to Bailies' Act and Note 19 as to verbal notice) to the other party (Note 28) and to the Court of Summary Jurisdiction (Note 15) of his intention to appeal and of the ground thereof (Note 12). (3.) The appellant shall imme- diately (Note 31) after such notice enter into a recognizance hefore a justice (Note 6) of the peace in the sum of ten pounds, with two sufficient sureties in the sum of ten pounds, conditioned personally to try such appeal and to abide the judgment of the Coiu't there- on, and to pay such costs as may be awarded by the Court. (4.) Where the appellant is in custody, the justice may, if he think lit, on the appellant enter- ing into such recognizance as aforesaid release him from custody. N. B. — In giving notice of appeal otlier than against a summary con- viction, the 12 (t- 13 V. c. 45, s. 1, Baines^ Act, should be referred to, see Note 16. No (but see Note 8). 1. Yes (4 Geo. 4, c. 95 (see also Note 2), s. 87). If any person shall think himself aggrieved (Note 30) by any order, judgment or determination made, or by any' matter or thing done (R. v. Tucker, 3 B. & C. 544 ; B. v. Kent JJ., 9 B. & C. 283 ; B. v. St. AVmns JJ., 3 B. & C. C98) by any justice or justices of the peace, or by any trustees or commissioners of any turnpike lo.xd, in pursuance of Quarter Sessions pro- cedure. in accordance with tlie opinion of the said Court of Appeal. The Court of Appeal may also make such order as to costs to he paid by either party as the Court thinks just. And the said jus- tices at such sessions, upon due proof of such notice having been given as aforesaid, and of such re- cognizance having been entered into in manner before directed, shall hear and finally detennine the causes and matters of such appeal in a summary way, and award such cobts to APPENDIX. 257 Statute TURNPIKES— continued. Whether appeal allowed and conditions. this Act or the said recited Act, or any local Act for making, re- pairing, or maintaining any turn- pike road (except where the order, judgment, or determination of any justice or justices, trustees or commissioners are hereby de- clared to be final and conclusive, and except under the particular circumstances hereinafter men- tioned), and for which no par- ticular mode of relief hath been already appointed {B. v. Salop, 2 B. & A. 145 ; E. v. W. R. Yorks. JJ., 1 Q. B. 624) such person may appeal to the Justices of the Peace at the next (Note 3) General or Quarter Sessions {Note 4) of the Peace to be held for the county, division, riding, or place wherein the cause of such complaint shall arise {Note 7), such appellant first giving or causing to be given to such justice (Note 15), commis- sioner, or trustee, by whose act or acts such person shall think himself or herself aggrieved, notice (^Note 16, as to Barnes' Act) in writing (A^te 11) of his or her intention to bring such appeal and of the matter thereof within sis days (Note 5) after the cause of such complaint shall arise (Note 14), and within four days (Note 5) after such notice entering into recognizances before some justice of the peace (Note 6) with two sufiicient sureties conditioned to try such appeal at and abide the order of and pay such costs as shall be awarded by the justices at such General or Quarter Ses- sions, and also to pay the penalty or forfeiture in case the conviction should be affirmed : and each and every justice of the peace, com- missioner or trustee, having re- ceived notice of such appeal afore- said, shall return all proceedings whatever had before him respect- ively touching the matter of such appeal to the said justices at their Quarter Sessions pro- ceduro. the party appealing or appealed against as they the said justices shall think proper, to be levied and recovered by distress and sale of the goods and chattels of the person or persons against whom such determination shall be given, and the deter- mination of such General or Quiirter Sessions shall be final and conclusive to all intents and purposes 258 APPENDIX. Statute. TURNPIKES— contiiiutd. TURNPIKE ACT, 1827. (/).) Riding on footpath, &c. 7 & 8 Geo. 4, c. 24. TURNPIKE (AN- NUAL) CON- TINUANCE ACT, 1871. (c.) Cattle Stray- ing. 34 & 35 V. c. 115, s. 20. Whether appeal allowed and conditions. General or Quarter Sessions afore- baid .... [Then follows Quarter Sessions procedure^. provided that in case there shall not be time to give such notice and enter into such recognizances as aforesaid before the next Ses- sions to be holden after the con- viction of the appellant, then and in every such case such appeal may be made to the next following Sessions, and shall be there heard and determined : provided always that no appeal shall be alloft'ed against any conviction for any penalty or forfeiture which shall not exceed the sum of forty .shillings (exclusive of costs) : B. v. Warwicksliire JJ., ante, p. 6. N.B. — In giving notice of appeal other than against a summ'iry con- viction, the 12 & 13 V. c. 45, ante, p. 81, Baines' Act, should he re- ferred to : see Note 16. No certiorari. S. 20 says that all the powers, authorities, claubes, provisions, penalties, forfeitures, matters, and things contained in the said Act of 3 & 4 Geo. 4, ante, shall, so far as the same are not altered or varied by this present Act, extend and are construed to extend to this Act, and shall be applied and put in execution as fully and effectually to all intents and pur- poses as if the same were re- peated and re-enacted in the body of this Act and made part thereof: Query, can the -poiver of a2ypeal, not being here specially mentioned, he implied {Note 25). No (but see Note 8). Quarter Sessions pro- cedure. APPENDIX. 259 Statute. VACCINATION ACTS, 1867 to 1874. 1. 30&31V.C.84;-] 2. 34 & 35 V. c. 98 ; 8. 37&38V.C.75.J VAGKANTS. (a.) The Vagrant Act. 5 Geo. 4, c. 83 ; 1 & 2 V. c. 38. {h.) Vagrant Act Amendment Act, 1865. Gaming with Coin, &c. Whether appeal allowed and conditious. No (but sec Note 1). 1. Yes (see also Note'Z). S. 14, 5 Geo. 4, c. 83. Any person ag- grieved {Note 9) by any act or determination of any justice or justices of the peace out of Ses- sions in or concerning the execu- tion of this Act may appeal to the next (Note 3) General or Quarter Sessions (Note 4) for the county, &c. (Note 7), giving to the justice or justices (Note 15) whose act or determination shall be appealed against notice (Note 16 as to Baines' Act) in writing (Note 11) of such appeal and of the ground thereof (Note 12) within seven days (Note 5) after such act or determination, and before the next General or Quarter Sessions, and entering within such seven days (Note 5) into a recognizance, with sufficient surety, before a justice of the peace for the county or place in which such person shall have been convicted (Note 6) per- sonally to appear and prosecute such appeal ; and upon such notice being given and such recognizance being entered into, such justice is hereby empowered to discharge such person ovit of custody. N.B. — In diving notice of appeal other than against a summary con- viction, the 12 & 13 V. c. 45, ante, p. 81, should be referred to, see Note 16. Yes (see also Note 2), as under No. 1 (5 Geo. 4, c. 83, ante). (Quarter Sessions pro- cedure. 1. . and the Court .it such General or Quarter Sessions shall hear and determine the matter of such appeal, and shall make such order therein as shall to the said Court seem meet, and in case of the dismissal of the appeal or the affirmance of the conviction, shall issue the necessarj^ process for the apprehension and punish- ment of the offender, ac- cording to the conviction. By 1 & 2 V. c. 38, s. 1, the Sessions have power to issue a warrant to ap- prehend a person who does not appear according to tlie recognizance. s 2 260 APPENDIX. Statute. VAGRANTS— con^ 31 & 32 V. c. 52, to he construed as one loiih 5 Geo. 4, c. 83, ante. (c.) Vagrant Act Amendment Act, 1873. Gaming in pub- lic places. 3G & 37 V. c. 38, to be construed as one with 5 Geo. 4, c. 83, ante. VETERINARY SURGEONS. 44 & 45 V. c. 02. VIVISECTION. See "Animals" "(Cruelty.)" VOLUNTEERS, (a.) Volunteer Act, 1883. 26 & 27 V. c. 65. Whether appeal allowed and conditions. Id. No (but see Note 8). 1. Yes (see also Note 2). S. 48. . . . where the sum adjudged to be paid on a summary conviction or adjudication, inclusive of any costs, exceeds five pounds, or the imprisonment awarded exceeds one month (rioio aJiy term, see Sum- mary Jurisdiction Act, 1879, s. 19, ante, p. Ill), and the person who is convicted or against whom the adjudication is made thinks him- self aggrieved (Note 9) by the con- viction or adjudication, the follow- ing provisions shall take effect : — (1) Such person may appeal to the next Court of General or Quarter Sessions (Note 4), held not less than twelve days after (Note 5) the day of such convic- tion or adjudication for the county or place where the conviction or adjudication is had {Note 7). (2) The appellant shall, within three days (Note 5) after the day of the conviction, and seven clear diiys (Note 29) at least before the Quarter Sessions pro- cedui-e. .... (5) The Court of General or Quarter Ses- sions shall hear and de- termine the appeal, and shall make such order therein, with or without costs to either party as to the Court seems fit, and iu case of affirmance of the conviction or dismissal of the appeal, shall adjudge the appellant to be pun- ished according to the con- viction, or to pay money according to the adjudica- tion, and to pay such costs as are awarded, and shall, if necessary, issue process for enforcing such judg- ment. (6) Where any such de- posit as aforesaid is made and the conviction or ad- judication is affirmed, or the appeal is dismissed, the Court may order the APPENDIX. 261 Statute. VOIUNTEEES— continued. (?(.) Yeomanry Aot, 1804. 44 Geo. 3, 54. Whether appeal allowed and conditions. Sessions to whicli the appeal is made, give to the complainant {Note 28) a notice {Note 16, as io Baines' Act) in writing (Note 11) of the appeal and of the ground thereof (Note 12) : (3) The appellant may enter into a recognizance with two suf- ficient sureties before a justice of the peace (Note 6), conditioned to appear personally at the Sessions and try the appeal, and abide the judgment of the Court thereon, and pay any costs awarded by the Court, or where the appeal is against a conviction imposing only a pecuniary penalty, or against an adjudication for the payment of money, the appellant may deposit with the clerk of the convicting justices such sum of money as those justices deem sufficient to cover the amount of the penalty or money adjudged to be paid, together with the costs of the con- viction or adjudication, and of the appeal : (4) On such notice being given and such recognizance being entered into, or such deposit being made, the appellant shall be libe- rated if in custody. . . . But nothing in the present section respecting appeals shall afi"ect any enactments relative to appeals in cases of summary convictions or adjudications in the City of London or the Metropolitan Police District (see 2 & 3 V. c. 71, s. 50, ante, p. 241, and 2 & 3 V. c. xciv. s. 101). N.B. — In giving notice of ap- peal other than against a sum- mary conviction, the 12 & 13 V. c. 45, ante, p. 81, Baines' Act, should be referred to : see Note 16. No certiorari. No (but see Note 8). Quarter Sessions pro- cedure. amount of the penalty or other money adjudged to be paid, together with the costs of the conviction or adjudication and of the appeal, to be paid out of the deposit, and the resi- due thereof, if any, to be returned to the appellant, and in any other case shall order the deposit to be returned to the appellant. (7) Where on appeal a conviction is quashed, the proper officer shall forth- with indorse on the con- viction a memorandum that it has been so quashed, and whenever any copy or certificate of such convic- tion is made, a copy of the memorandum shall be added thereto, which shall be sufficient evidence of the conviction having been quashed in all cases where a copy or certificate would be sufficient evidence of the conviction . . . 262 APPENDIX. Statute. VOLUNTEERS— coiltiliurd. {<:) Naval Coast Volunteers. 16 & 17 V. c. 73. ((Z.) Naval (Royal) Volun- teers. 22 & 23 V. c. 40. WAGES (PAYMENT OF) IN PUBLIC HOUSES PRO- HIBITION ACT, 1883. 46 & 47 V. c. 31. WAR DEPART- MENT STORES. See " Stores," Public. WATER, (a.) Waterworks Clauses Act, 1847. 10 & 11 V. c. 17 to be read as one Act with Water- works Clauses Act, 1863, 26 & 27 F. c. 93. Whether a])peal allowed and conditions. No (but see Note 1). Id. No (but see Note 8). B. 85 of 10 & 11 V. c. 17, says " that the clauses of the Kailway Clauses Act, 1845 (see under Railways), with respect to the recovery of damages not specially provided for and penalties, and to the determination of any other matter referred to justices shall be incorporated with this and the special Act." Query, can the right of appeal, not being here specially mentioned, be implied (Note 25). By s. 87, however, the Metro- polis is treated differently, " every penalty or forfeiture imposed by this Act or the special Act for an oifence which shall take place in the Metropolitan Police District shall be recovered, enforced, ac- counted for, and, except where the application thereof is otherwise specially provided for, shall be paid to the Receiver of Metropoli- tan District and shall be applied in the same manner as penalties or forfeitures are applied by an Quarter Sessions pro- cedure. Under 26 & 27 V. c. 93, 8. 9 : And that Court (/.e., the Quarter Sessions') may on the hearing of the ap- peal either quash or affirm the order or determination, or make such order in the premises as may seem fit, and may make such order as to the costs, both of the original proceedings and of the appeal, as may seem fit, but the order or deter- mination appealed against shall, pending the appeal, continue in force. APPENDIX. 203 Statute. WATER— CO?! fcZ. (h.) Water (Me- tropolis). 15 & 16 V. c. 84, one Act with 34 & 35 V. c. 113. WEIGHTS AND MEASUEES. 41 & 42 V. c. 49. Whether appeal allowed and conditions. Act passed in the 3 & 4 V., in- tituled " An Act for the regulating of the Metropolis," and every order or conviction of any of the Police Magistrates in respect of any such forfeiture or penalty shall be subject to the like appeal, and upon the same terms as is provided in respect of any order or conviction of the said magis- trates by the said last-mentioned Act (see 2 & 3 Vict. c. 71, s. 50, Police — Metropolitan). There is also an appeal under 26 & 27 F. c. 93. S. 9. " Security of Reservoirs," which says, if the undertakers consider themselves aggrieved by any order or deter- mination of justices under the present provisions, they may in like manner and subject to the like conditions as by the Eaihvays Clauses Consolidation Act, 1845 (see under Railways), are provided in the case of appeals in respect of penalties, appeal to the Court of General or Quarter Sessions for the county or place where the cause of ajjpeal arises. No (but see Note 8). Yes (but see Note 2). S. 60. Any person who feels himself ag- grieved {Note 9) by a conviction or order of a Court of Summary Jurisdiction under this Act may appeal therefrom, subject in Eng- land to the conditions followiug, that is to say : — (1.) The appeal shall be made to the next practicable Court of General or Quarter Session (Note 4) having jurisdiction in the county or place (Note 7) in which the decision of the Court was given and holden not less than Quarter Sessions pro- cedure. (5) The Court of Ap- peal may adjourn the hearing thereof, and upon the hearing thereof may confirm, reverse, or modify the decision of the Court of Summary Jurisdiction, or remit the matter to the Court of Summary Juris- diction with the opinion of the Court of Appeal thereon, or make such 264 APPENDIX. Statute. WEIGHTS AND MEASURES— continued. Whether appeal allowed and conditions. twenty-one days {Note 5) after the day on which such decision was given ; and (2.) The appellant shall within ten days (Note 5) after the day on which the decision was given serve notice (Notes 16 and 19) on the other party (Notes 27 and 28), and on the clerk of the Court of Summary Jurisdiction, of his intention to appeal and of the general gi-ounds of such appeal (Note 12); and (3.) The appellant shall, within three days (Note 5) after the day on which he gave notice of appeal, enter into a recognizance before a Court of Summary Jurisdiction (Note 6), with or without a surety or sureties, as the Coiirt may direct, conditioned to appear at the said Sessions, and to try such appeal and to abide the judgment thereon, and to pay such costs as may be awarded by the Court, or the appellant may, if the Court of Summary Jurisdiction thinks it expedient, instead of entering into a recognizance, give such other se- curity by deposit of money with the clerk of the Court of Summary Jurisdiction or otherwise as tlie Court deems sufficient ; and (4.) "Where the appellant is in custody a Court of Summary Jurisdiction may, if it seems fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody. (7.) Every notice in writing re- quired by this section to be given by an appellant may be signed by him or by his agent on his behalf, and may be transmitted in a re- gistered letter by the post in the ordinary way, and shall be deemed to have been served at the time when it would be delivered in the ordinary course of post (Note 32). N.B. — In giving notice of ap- peal other than against a convic- tion, the 12 & 13 V. c. 45, s. 1, should he referred to (Note 16). Quarter Sessions pro- cedure. other order as the Court thinks just. The Court of Appeal may also make such order as to costs to be paid by either party as the Court thinks just. (6.) [Clerk of the Peace to endorse conviction.] APPENDIX. 265 Form of a Notice of Appeal. County of •) To of in the said county. [ Take notice tliat I, A.B., of do intend at the to wit. J next General Quarter Sessions of the Peace to be holden in and for the said county of at in the said county to appeal agamst a certain [conviction or order] against [or, made against] me by CD., Esquire, one of Her Majesty's Justices of the Peace for the said county, for that \liere state fully the offence and date, or in the case of an order the sithstance"], and that the cause and matter of such appeal are that [in the case of a convictionl I am not guilty of the offence and [in the case of an order any other (/round of appeal the party may have']. Dated this day of Signed Form of Recognizance. Covmty of \ Be it remembered that on the day of in [ the year of our Lord one thousand eight hundred and to wit. j personally came before the undersigned , Esquire, one of the Justices of the Peace for the county of , and severally acknow- ledged themselves to owe to our Lady the Queen the several sums following, that is to say ; the said the sum of pounds, and the said and the simi of pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively, to the use of our said Lady the Queen, Her heirs and successors, if h the said fail in the condition next hereinafter mentioned, and which condition is, that the said shall and do at the next General Session of the Peace to be holden in and for the county of at the in the said county prosecute h appeal with effect against a certain record of conviction [or order as the case may &e] under the hand and seal of , Esquire, one of the justices of the said county, bearing date the day of Whereby the said was and stands convicted for [or, in the case of an order, state the substance of the ordei-]. And that the said shall be forthcoming at the said session and abide the judgment order and determination of the Justices of the 266 APPENDIX. Peace then aud there assembled, and pay such costs as shall be awarded by them thereupon. Then the said recognizance of the said several persons so acknow- ledging themselves as aforesaid to be void, or else to stand in full torce and virtue. Taken and acknowledged the day and year first above written, at before me Form in which a Case for the opinion of one of the Superior Courts may he stated under 20 (fe 21 V. c. 43. A.B., Appellant, V. CD., Respondent. ) This was an information [or, complaint] preferred by to wit. f against , for that \_here state shortly the sub- stance of the information or complainf], and after hearing the parties and the evidence adduced by them, the undersigned, being two of Her Majesty's Justices of the Peace in and for the of , did thereupon \_set out shortly the adjudication of the justices~\ And the said , alleging that he is dissatisfied with the said detennina- tion, as being erroneous in point of law, did, within three days there- after, apply to us the said justices to state and sign a case, setting forth the facts and the grounds of such determination for the opinion thereon of the Court of [or, a judge of the Court of ]. Wherefore we the justices aforesaid, in compliance with the said request, and in pursuance of the statute in such case made and pro- vided, do hereby state and sign the following case for the opinion of the said Court [or, of a judge of the said Court.] Case. At the hearing of the said information [or, complaint], aud on the close of the appellant [or, respondent's case], the said [or, the attorney for the said ] was heard in answer to the matter of the said information [or, complaint] ; and it being proved on the part of the said [ai^pellant or respondent], that [here set out the facts which the justices deem to have been proved, tvith such objections, <&c., of either p>arty, as tvill raise the pjoint intended to he submittecT], we the said justices did adjudge and determine [set out shortly the adjudication of the justices']. Question. The question upon which the o^jinion of the said Court [or, judge of APPENDIX. 267 the said Court] is desired is, whether we the said justices, upon the above statement of facts, came to a correct decision in point of law ? and if not, what should be done in the premises? \_0r, the questions of law arising upon the above statement of facts are .] Where- upon the opinion of the said Court [or, judge of the said Court] is asked upon the said questions of law, whether or not we the said jus- tices were correct in our determination as aforesaid ? and if not, what should be done or ordered by the said Court in the premises ? INDEX. ABANDONING APPEAL, 48-49 ABSENCE OP WITNESS AT SESSIONS, 51 ACCOUNTS TO BE KEPT BY CLERK OF SUMMARY JURISDIC- TION, 124 ACCOUNT OF COSTS OF DISTRESS, 138 ACQUITTAL, appeal against, 6 "case" may be stated, 73, n. ACTION WHERE RIGHT OF APPEAL GIVEN, 6 in metropolis, 6 against justices for failing to draw conviction, &c., for Sessions, 44 ADJOURNED SESSIONS, 11, 50. See under " Respite." notice not to, 22 proof of notice of, 45 for opinion of Judge of Assize, 52 when justices equally divided, 55 ADJOURNMENT OF PETTY SESSIONAL COURT, 114 ADMIRALTY, uttering false petitions for pay, — appeal, 161 ADMISSION AT SESSIONS OF SERVICE OF NOTICE, 45 of recognizance, 46 ALDERMEN OF LONDON TO ACT ALONE, 214 ALE-HOUSE ACTS, 1828,— appeal clause, 214 ADULT, trial for indictable offence by consent, 106 fine not to exceed £20, 106 imprisonment not to exceed three months, 106 charge to be read, 107 trial for indictable offence on plea of guilty, 107 charge to be read, 107 imprisonment not to exceed six months, 108 no appeal, 5 ADULT PREVIOUSLY CONVICTED ON INDICTMENT, 109 270 INDEX. ADULTERATION OF FOOD —appeal clause, 161 ADULTERATION OF SEEDS, „ 162 AGRICULTURAL CHILDREN,— appeal, 163 AGRICULTURAL GANGS,— appeal, 163 AGRICULTURAL HOLDINGS ACT, 1883,— appeal clause, 163 ALIENS,— appeal, 163 ALKALI WORKS,— appeal, 164 ' AMENDMENT OF JUSTICES' ORDERS AT SESSIONS, 46, 47, 84 of recognizances, 36, 85 of indictment, 86 of special case, 77 ANCIENT MONUMENTS PROTECTION ACT, 1882,— appeal clause, 164 ANIMALS (CRUELTY),— appeal clause, 164 Using Dogs for draught, „ 165 Vivisection, „ 165 Contagious diseases of „ 167 Drugging, „ 167 APPRENTICES, Parish apprentices,— appeal clause, 167 abandoning, „ 169 master neglecting conditions, „ 170 watermen's apprentices, „ 170 APPEAL. See also Right of Appeal ; Entering and Hearing ; Respite. general meaning of, 1 where to, 1 preliminaries, 1 earlier statutes if right of appeal exists no " case" can be stated, 73, n. 79 power to state case without going to Sessions, 86 joint appeal, 8 time prescribed to be strictly adhered to, 19 abandoning, — costs, 48, 49 frivolous appeals, 49, 84 costs of, 65 Summary Jurisdiction Act, procedure under, 125, 128 APPEAL AGAINST FORFEITED RECOGNIZANCE, 94 APPEARANCE OF PARTIES AT SESSIONS, 47, 48 respondent at Sessions, 48 INDEX. 271 APPELLANT, 7 who is, 7 person aggrieved, &c., 7, 24 under Summary Jurisdiction, Act, 7, 125 parish oflicers, 7, 24 grievance should not be consequential but immediate, 8 joint appeal, 8 to be informed of right, 18 description of person in office, 24 railway company, 24 Avhen in custody ma}' be released on recognizance, 40, 126 or deposit of money, &c., 40, 126 objections at Sessions all be stated at once, 43 non-appearance of, at Sessions, effect of, 47, 48 surprised at Sessions, — adjournment, 51 ARBITRATION, 12 & 13 Vict. c. 45 (Baines' Act), 61, 87 ARMY ACTS — application of Summary Jurisdiction Acts, 146 ARMY ACT, 1881,— appeal, 170 Regulation of Forces Act, 1881, — appeal, 170 Reserve Forces Act, 1882, — appeal, 170 Militia Act, 1882, — appeal, 170 ARSENIC,— appeal, 170 ARTIZANS DWELLINGS,— appeal, 170 ASSAULT, common and aggravated, — appeal, 170 preventing sale of com, &c., — appeal, 170 no right to claim trial hj jury, 110 ASSIZES, opinion of judge at, adjournment for, 52 ATTORNEY, notice of appeal by, 23, 26 may amend informal notice, 26 Summary Jurisdiction Act, 1879, . . 26 Baines'. Act, 12 & 13 Vict. c. 45 .. 26 service on attorney to overseers of jjoor, 29 appellant's attorney absent at Sessions, — adjournment, 54 BACKING WARRANT OF SHERIFF FOR FORFEITED RECOG- NIZANCE, 96 BAIL TO KEEP PEACE, &c., SUMMARY JURISDICTION ACT, 102 BAIL OF PERSON APPREHENDED WITHOUT AVARRANT, 133 272 INDEX. BAINES' ACT, 12 & 13 Vict. c. 45, 81 Notice under, 12, 18, 23 effect on, by Summary Jurisdiction Act, 14 poor rate, 19 grounds in notice, 24, 30 signature to notice, 26 defects in statement of grounds, 30, 32 evidence confined to grounds, 34 defective recognizances, 36 Amendment of Orders, &c., by Sessions, 46 not liable to be reviewed, 47 Frivolous Appeals, 49 Arbitration, 61 Enforcing Judgment op Sessions, 64 costs, 64, 68 Sect. 1. time for notice — to be in writing — grounds, 81 Sect. 2. not to affect summary conviction, &c., 82 Sect. 3. defects in statement of grounds, 82 Sect. 4. frivolous grounds, 83 Sect. 5. power of Sessions as to costs, 83 Sect. 6. frivolous appeals, 84 Sect. 7. amendment of orders, &c., 84 Sect. 8. amendment of recognizances, 85 Sect. 9. decision of Sessions final, 86 Sect. 10. amendment of indictment, 86 Sect. 11. special case without going to Sessions, 86 Sect. 12. reference to arbitration, 87 Sect. 13. reference by order of Sessions, 88 Sect. 14. where reference abortive, 89 Sect. 15. 3 & 4 W. 4, c. 42, 89 Sect. 16. recognizance for prosecution, 90 Sect. 17. estreating recognizances, 90 Sect. 18. enforcing order of Sessions, 90 BAKEHOUSES, appeal, 171 BASTARDY, appeal after order made, 20, 21 Sunday excluded, 22 verbal notice, 23 Notice when sufficient, 25 grounds to be stated, 33 refusal to take recognizance, 39 INDEX. 273 BASTARDY— co>i<««Me(/. coudition of recognizance, 40 service of recognizance, 40 admission at Sessions of service of recognizance, 46 notice not affected by Baines' Act, 82 application of Summary Jurisdiction Act, 1879, 146 BASTARDY ORDERS,— appeal clause, 171 offences by Justices, &c., — appeal, 171 BATH AND WASHHOUSES,— appeal, 171 BETTING HOUSES,— appeal clause, 172 BILLIARDS,— appeal, 172 BIRDS— Sea-birds,— appeal, 172 Wild-birds, „ 172 Wild-fowl, „ 172 BOROUGHS. See Municipal Elections. BREAD, — appeal clause, 172 BUILDING SOCIETIES,— appeal, 174 BURIAL ACTS,— appeal, 174 dead bodies cast on shore, 174 BOROUGH AND COUNTY CONVICTIONS, 9 BOUNDARY OF COURT OF SUMMARY JURISDICTION DEFINED, 139 CALLING ON THE APPEAL, 42 CANAL BOATS,— appeal, 175 CANALS AND RIVERS,— appeal clause, 175 CASE STATED FOR OPINION OF SUPERIOR COURT, 71 20 & 21 Vict. c. 43, 71 justices to state on application, 71 party aggrieved, 71 not to be stated on a question of fact, 72, n. opinion given only on questions asked, 72, n. no case to be stated on the validity of a rate, 72, n. when objection raised by justice, 72, n. want of jurisdiction, 73, n. acquittal, 73, n. where the right of appeal exists, 73, n. T 274 INDEX. CASE Sl^ATED FOE OPINION OF SUPERIOR Q0\]KY1— continued. friendly society rules, 73, n. non-appearance of respondent, 74, n. three days, 7-i, n. Sect, 3. security and notice to be given by the appellant, 74 recognizance when entered into, 75, n. Sect. 4. trustees may refuse frivolous application, 75 rule in Queen's Bench Division, 75, n. Sect. 5. where refused Queen's Bench may by rule order case to 1)e stated, 76 judge at chambers, 76, n. Sect. 6. Superior Court to determine questions on case, 76 its decision final, 77 Sect. 7. case may be sent back for amendment, 77 Sect. 8. powers of Superior Court may be exercised by Jud^e at Chambers, 77 Sect. 9. after decision of Superior Court, justices may issue warrants, 77 Sect. 10. certiorari not required, 78 Sect. 11. Superior Court may make rules, 78 Sect. 12. justices to include Stipendiary Magistrates, 78 Sect. 13. Recognizances how enforced, 78 Sect. 14. appellants not allowed to appeal to Quarter Sessions, 79 Schedule of fees, 79 Baines' Act, 12 & 13 Yict. c. 45, s. 11 .. 86 Summary Jurisdiction Act, 1879, s. 33 ,. 80, 129 CASTING VOTE OP CHAIRMAN OF QUARTER SESSIONS, 55 CASUAL POOR ACT, 1882,— appeal, 176 CEMETERIES,— appeal, 176 CERTIORARI lies unless taken away by statute, 2 to enforce judgment of Sessions, 64 not required under 20 & 21 Vict. c. 43 .. 78 amendment of orders, &c., upon return, 84 case for Quarter Sessions without certiorari, 135 CERTIFICATE OF DECISION OF SESSIONS ON APPEAL, 127 CERTIFICATE OF DISMISSAL— indictable offence, 121 CERTIFICATE OF COSTS— indictable offences, 122 CHAIN CABLES AND ANCHORS,— appeal, 176 INDEX. 275 CHILD, what is, 105 Summary trial of, for indictable offences, &c., 103, 111 imprisonment not to exceed one month, 104, 109 fine not to exceed forty shillings, 101 whipi)ing, 104 charge to be read to parent or guardian, 104 notice to parent, &c., 104 reformatory, 105 no appeal, 5 CHILDREN, dangerous performances of, — appeal, 170 Infant Life Protection Act, 1872, — appeal, 176 CHIMNEY SWEEPS,— appeal clause, 176 CHUECH OE CHAPEL, brawling,— appeal, 177 disturbing preacher, appeal, 178 CIVIL DEBT, 100, 130 CIVIL DEBTS, costs, 67, note (o) CLAIM TO TRIAL BY JURY, 110 CLERK OF THE PEACE, api^eal to be entered with, 42 calls on appeal, 42 reads record of conviction, &c., 43 costs to be ascertained by, 65 costs to be paid to, 66 certificate of, as to costs, 67 to enter on the Roll forfeited recognizances, &c., 92 " CLEAR " DAYS, 20 fourteen days at least, 20 CLERK TO JUSTICES, service on, of notice, 27 Summary Jurisdiction Act, 1879, 116, 126, 141 service of subpoena duces tecum when conviction not returned to Sessions, 44 approval of clerk's fees, 51 COALS. See Weights and Measures. COALS (LONDON),— appeal clause, 178 COIN, tendering defaced coin, — appeal, 179 making elsewhere than JNIint, — appeal, 179 COMBINATION, unlawful societies,— appeal, 179 COMMENCEMENT OF TRIAL, what is, 49 T 2 276 INDEX. C0MMI3SI0NEES (PUBLIC) —appeal, 179 COMMITTEE AT SESSIONS, 61 COMMITMENT, postponeinent of issuing warrant for, 11-i when distress would be ruinous, 115 reduction of term on part payment, 115 not void from any defect of form, 134 COMMONS,— appeal, 180 COMPANIES ACTS, 1862-1880,— appeal, 180 COMPANIES CLAUSES ACTS,— appeal clause, 180 COMPLAINT UNDER SUMMARY JURISDICTION ACT, what is, 69 COMPLAINT, sum recoverable on— civil debt, 100 CONDITIONS OF APPEAL. See under Notice ; Recognizance;' &c., CONDITIONS PRECEDENT, when proved at Sessions, 43 must be proved before respite, 51 CONSTABLES, All constables, — appeal, 181 Neglecting duty, — appeal clause, 181 PAROCHriAL constable,— appeal, 182 County constables, „ 182 Borough constables, „ 182 Special constables, „ 183 Rivers and canals, „ 183 Metropolitan (dockyard), — appeal, 183 Metropolitan. See Police (Metropolitan). CONTAGIOUS DISEASES ACTS,— appeal, 183 (Animals). See Animals, CONVICTION, appeal against, in Meti< polis, 5 under Summary Jurisdiction Act, 1879, 125 " immediate " notice on, 20 " forthwith " on, 20 record to be read at Quarter Sessions, 43, 44 variance between original and copy given to appellant, 44, 51 remedy when conviction, &c., not returned, 44 notice to respondent to produce conviction, 45 defendant entitled to copy of conviction, 45 amendment of, at Sessions, 46, 47, (note) (y) quashed on non-appearance of respondent, 48 INDEX. 211 CONVICTION— core^jwttecZ. form of a fact for decision of Sessions, 57 not a i^reliminary point, 59 enforcing judgment of Sessions, 63 conviction confirmed, 66 11 & 12 Vict. c. 43, s. 27 (Jervis's Act), 66 certificate of clerk of peace, 67 CONVICTION FOR INDICTABLE OFFENCE, effect of, 121 CONVICTS — Not peoducixg licence, — appeal, 183 Prevention of Chimes Act, — appeal, 183 COPYRIGHT— Works of Art,— appeal, 183 Books, — appeal, 184 Designs, — appeal, 184 Musical Compositions, — appeal, 184 Patent Designs and Trade Marks, — appeal, 184 CORN — weekly returns, — appeal, 184 Corn Returns Act, 1882, — appeal, 185 CORRUPT PRACTICES ACT, 1883,— appeal, 185 COTTON STATISTICS,— appeal, 185 CORPORATIONS, recognizance by, 38 attorney to enter into, 38 COSTS OF AN APPEAL, 64 abandoning appeal, 48, 49 what is a hearing to give right to costs, 49, 66 Power of Sessions to grant, 64-83 12 & 13 Vict. c. 45, s, 5 (Baines' Act), 64, 83 Summary Jurisdiction Act, 1879, 127 frivolous appeals, 65, 84 justices not liable to costs, 65 amount to be ascertained by Clerk of Peace, 65 may be declared on adjournment, 65 how taxed, 65 standing order as to costs, 65 Crown not liable, 66 Sessions to decide the amount, 66 on case remitted to Sessions, 66 payable to Clerk of Peace, 66, 67 Recovery of Costs, 66 11 & 12 Vict. c. 43, s. 27 (Jervis's Act), 66 27«S INDEX. COSTS OF AN \\'VVu\\^—<:unliune.(i. Kkcoviouy ok C'os'i'S — contiiMcd. of cunvictioii coiifinncd, procedure, (>7 warrant of distress, U7 costs civil debts, G7, note (o) to lie paid to Clerk of Peace, 07 if no recof^nizanco entered into, (i7, fl!) certificate of Clerk of Peace, (57 Poor rates, 07 costs under Acts previous to Jervis's Act, 08 12 & 13 Vict. 0. 45, 8. 5 (Baincs' Act), 68, 83 order of Sessions may be enforced under, (J8 EsTiiKATiNQ IhccooNiZANCK, 68, notc {y) 3 Geo. 4, c. Ki, 09 indictment for costs, 0!) Costs ukcovkiiadij-, ah Civil Dkbth, 09 wliere re(;ogni/,aiico not entered into, 09 Siuuniary .Iiirisdiction Act, 1879, ..09, 100, I'JO COSTS IN TIIK CASL: OF SMAF.L FINES, 100 COSTS TO BE PAID BY PERSON DISCIIAKGKl), 110 COSTS IN INDICTABLE OFFENCES dealt with summarily, 122 COUNTY COURTS, assault in-; bailitl",— appeal, 186 COUNTY AND i'.OItOlTGII CONVICTIONS, 7 COURT OF SUMMARY JURISDICTION, open Court, 112 occasional court-house, 112 ))etty sessional court-li(His<', 112 jKiwir (if iniprisoimient and fnie, ll.'J indictable olVencos, 113-120 two justices, 114 Lord Mayor of London, &c., and stipendiaries to sit alone, 111 adjournment of ('ourt, 114 llej;ister of (^oin-t, 110 cnforcinf); recoj:;nizance by, 117 liowcr to remand indictable oflenccs, 119 sureties to keep peace, 120 CRUELTY TO ANIMALS. See Animals. CUMTTLATIVE SENTENCES, 111 CUSTOMS CONSOLIDATION ACTS,— ai^^cal, 186 ]xni:x. 275) CUSTOMS AXn IN LAN n i;i:\HNUK ACPS-ai-poal, ISC CUSTOMS ACTS, application ot" Sunnnai y .hu■is^li^.■tion Acts to, 117 CUTLERS— apival, ISC DA!MAtiKS, payment of, by person discharg.il, 110 DEAD BODIKS oast on shore. Seo Buiuals. DEATH OF .UTSTIOH tiij:;nin;^ warrant, or siunin.>us, 1.1'J DEATH OF KESri^NDKNTS, 1S() DECT.AKATION OF SERVICH OF rUOCKSS, l;]5 DENTIST,— appeal clause, 187 DEPOSIT OV M0>;EV in lie>i of reeoi^ni/.aiuv, o7, 117, TJC DEPOSITIONS IN INIMOTAULH OFFKNl'F dealt with .sunnnarily. 122 DESCIIIPTION,— of {KMSon in olliee, 21 of justices, 21 of railway company, 24 of oiVonco, suiVicicucy of, loo DESTRUCTIVE INSECTS ACT, lS77,..2ia DlSCllAKGE without punishment, lOit DISMISSAL OF INDICTAIU.K CFFKNCMO, certitieate, 121 to be tilc.l by Clerk of Peace, 122 niSOUDKKliV HOUSES. See BuoniKLs. DISSENTERS,— ajipeal clause, 187 DISTRESS.— appeal ilause, 1S7 DISTKESS WARRANT not void for any defect of form, VM DISTIUCSS, in default of, t'or penalty, *.);) postponcuu^nt of issuing warrant tebing and Hearing ; Respite ; Judgment ; Costs. PROCESS under 29 Car. 2, c. 7, s. 6, notice of a})peal is a, 23 PROMISSORY NOTES ACT, 247 PROOF OF MEANS TO PAY CIVIL DEBT, 131 PROPERTY TAKEN FROM PRISONER, 139 PUBLIC GARDENS (Ornamental and Enclosed),— appeal, 248 PUBLIC OFFICES SITE ACT, 1882,— appeal, 248 QUARTER SESSIONS PROCEDURE, on appeal, 41 QUARTER SESSIONS are General Sessions, 9 for division of a county, 11, 22 Procedure on the Entering and Hearing of Appeals, 41 practice at each Sessions varies, 41 Middlesex and Kent Sessions, 41 calling on the appeal, 41 chairman collects votes of Justices fur judgment, -11 INDEX. 295 QUARTER SESSIONS— con^mwed See also under Entering and Hkaring ; Respite ; Judgment ; Enforcing Judgment ; Costs. QUEEN'S STORES. See Stores. RACE-COURSES (METROPOLIS),— appeal, 248 RAILWAYS, Obstructing Officers, — appeal, 248 Misconduct by Servants, — appeal, 248 Railway Clauses Consolidation Act, 1845,— appeal, 248 Reuulation of Railways Act, 1868, — appeal, 249 Regulation of Railways Act, 1840 to 1871, — appeal, 249 Returns to Board ok Trade, — appeal, 249 The Railway Returns (Continuous Brakes) Act, 1878, — appeal, 249 RAILWAY COMPANIES as respondents, 24 RATES (Parish),— appeal, 250 Warrant of Distress for, — appeal, 250 " REASONABLE " TIME before giving notice ot appeal, 11, 18, 19 verbal notice, 19 RECOGNIZANCE, of appeal, 35 condition of, 35 may be verbally acknowledged, 35 omission of signatures of Justices, 35 may be taken out of Court, 36 must be enrolled at the Sessions, 36 contents, 36 12 & 13 Vict. c. 45, s. 8.. 6, 83 defective recognizance how amended, 36 Summary Jurisdiction Act, 1879.. 37, 126 deposit of money in lieu, 37, 126 by an infant, 37 by a married woman, 37 by corporations, 38 " forthwith " and " immediately," 39 where no notice is given, 39 refusal to take recognizance, 39 notice of having entered into, 39 death of respondent, 40 Effect of Recognizance, 40 Continuance of, 40 296 INDEX. RECOGNIZANCE— co»