Appeals From the Convictions And Orders of Justices

Cover Appeals From the Convictions And Orders of Justices
Appeals From the Convictions And Orders of Justices
John Glass Trotter
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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'^ictio
...n •'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.


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