Law and Practice of Summary Convictions Under the Summary Jurisdiction Acts, 1848-1884; Including Proceedings Preliminary and Subsequent to Convictions, and the Responsibility of Convicting Magistrates and Their Officers, with the Summary (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...Sessions, 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 Stating a special case. Case from quarter sessions without certiorari. the said decision in every case where such copy or certificate would be sufficient evidence of such conviction or order (b). Upon an application to enter and respite an appeal, the Court of Quarter Sessions has no power to state a special case. Thus, the Queen's Bench Division has refused to take notice of a case stated on a motion to enter and respite an appeal, when the sessions made the order for the entry, subject to a case to raise a question whether a preliminary notice to another tribunal was necessary. In that case, Blackburn, J., in delivering judgment, said--"This Court has not in general any jurisdiction to review the decision of the Court of Quarter Sessions on any matter in which the Court had jurisdiction. But there is an exception from that general rule in cases where the Court of Quarter Sessions, on appeal, makes an order, either confirming or reversing the decision appealed against, subject to the opinion of this Court on some point of law reserved on a case stated by the sessions. This Court will then, on a certiorari bringing up the order of sessions, take cognizance of the facts stated in the case, and quash or confirm the order of sessions, according to their view, on the points of law submitted to them by the sessions. But such cases have never been heard except on a certiorari to bring up an order of sessions, which, if unreserved, would finally decide the appeal. There is strong authority for saying that a point not finally disposing of the appeal, ought not in any form, to be...