recognizances which shall have been entered it, and the fault in it arose from no act of his own, but from that of the justice who took it. By the 3 Geo. 4, c. 46, s. 4, the justice who takes the recognizance is required to state on it, not only the profession, art, or mystery or trade of every person entering into it, together with his 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. The recognizance, when made up, must be subscribed with the name of the justice who took it; and it must also be enrolled, because until then it is not a perfect record. (Hall v. Wingfield, Hob. 195, 196; Ib. 248; Vin. Abr. Recog. H.: Dalton c. 168: Glynn v. Thorpe, 1 B. & A. 153.) If any one of these requisitions was not complied with, the recognizance would have been bad, and the appeal could not have been heard if the defect was brought to the knowledge of the court in a proper manner. This, it is evident, was productive of considerable hardship to the appellant, who has no control over the drawing up or enrolment of the recognizance. He suffered not for any omission or neglect of his own, but for that of another party who is altogether independent of him. The object of this section is to provide a remedy for such injustice. For that purpose it declares that if it be shown that the recognizance was actually entered into within the time required by law for the purpose of complying with the condition of appeal,the court may in its discretion permit the substitution of a new and sufficient recognizance to be entered into before itself, and for that purpose may allow such time to the appellant, and may make such examination and impose such terms as to the payment of costs to the respondent as shall appear just and reasonable. The appeal may then be tried just as though the recognizance had been duly entered into at the proper time. into within the time (e) by law required, before any justice (f) 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 recognizance or new and sufficient recognizances to be entered into before such court in the place of such insuffi (e) "Within the time by law required.”] Before the sessions can interfere in this manner, it must be proved by evidence that the recognizance was originally entered into in proper time; and unless there is sufficient legal evidence of that fact, they have no jurisdiction under this section. When once that fact is formally proved, the court may then permit either the appellant singly, or himself and either or both of his sureties as the case may require, to enter into a new recognizance or recognizances as the case may be. But it is presumed that he must pay the fees for such recognizance, just in the same manner as if it were an original recognizance taken before the sessions: and that, too, notwithstanding that the court has ordered him to pay costs to the respondent. (f) "Before any justice."] The operation of the section is confined to those cases where the recognizance is entered into before "any justice or justices," and therefore will not extend to a case of an appeal against the decision of the commissioners of assessed taxes, under the 52 Geo. 3, c. 93, s. 13, unless such commissioners or one of them is a justice of the peace. And the same of any other case of a similar nature. cient, defective, or invalid recognizance or sessions, IX. And be it enacted, That the decisions Decisions of of the court of general or quarter sessions of when final. the peace, upon the hearing of any appeal as to the sufficiency of the statement 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 substitution of any new recognizance or recognizances as aforesaid, shall be final (g), and shall not be (g) Shall be final."] This section renders the decision of the quarter sessions final in the four following cases, viz., upon any question as to the sufficiency of the statement of the grounds of appeal under the 3rd section; as Amendment of indictment. liable to be reviewed in any court, by means of a writ of certiorari or mandamus, or otherwise. X. 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 variances to the amending or refusing to amend any order of justices under the 7th section, or the statement of the grounds of appeal under the 3rd section; and as to the substitution of a new recognizance under the 8th section. The effect of this will be to prevent justices from granting a special case relating to either of those matters. The cases therefore of Rex v. Amlwch, 4 B. & C. 753 ; Rex v. Bingley, 4 B. & Ad. 567 (n); Rex v. Harrow-onthe-Hill, 2 Bott. 706; Rex v. Chilverscoton, 8 T. R. 178; Rex v. Moor Critchell, 2 East. 66; and Rex v. Great Bedwin, Burr. S. C. 163; 2 Str. 1150, which were decided under the 5 Geo. 2, c. 19, s. 1, are no longer authorities on this point, and can only be useful as showing what amendments the court of King's Bench considered might be made under the terms of that statute (as to which see supra, p. 22). To that extent they may be treated as precedents by the quarter sessions, in applying the provisions of the present statute; but not further. Neither can the sessions avoid this difficulty by referring the matter to the opinion of the court of Queen's Bench. In Rex v. Henfield, 8 J. P. 21, it was held, that they must not refer it to the court to decide whether a special entry shall be made to the effect that an order has been quashed upon a point of form. So too in Reg. v. Stoke-uponTrent, 13 L. J. 41, m.; 8 J. P. 197, it was held, that in stating a case for the opinion of the court, the court of quarter sessions ought to decide provisionally with reference to what the opinion of the court may be upon the question 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 (h) which is given to courts of oyer and terminer and general gaol delivery with submitted to it. And in Reg. v. Pilkington, 1 New. Sess. Ca. 90; 8 J. P. 724, it was also held, that the court of quarter sessions ought not simply to state facts, and ask the opinion of the court of Queen's Bench, as a jury, upon them; but having drawn their own conclusions from the facts they may ask whether, in the opinion of the court, the facts will warrant their finding. Before, therefore, they can state a case, they must come to some decision on the question at issue. And if that question relates to any of the matters mentioned in this section, their decision cannot be reviewed by means of a writ of certiorari, and consequently no special case can be granted upon it. The provisions of this section are very similar to those of the 7th section of 11 & 12 Vict. c. 31, which, however, are confined to appeals against orders of removal, and therefore are of much more limited application than those in the text. 66 (h) "Cause the indictment to be amended."] By the 4th section of 11 & 12 Vict. c. 46, reciting that a failure of justice frequently takes place in criminal trials by reason of variances between writings produced in evidence, and the recital or setting forth thereof in the indictment or information, and the same cannot now be amended at the trial, except in cases of misdemeanor," it is enacted, "that it shall be lawful for any court of oyer and terminer and general gaol delivery, if such court shall see fit so to do, to cause the indictment or information for any offence whatever, where any variance or variances shall appear between any matter in writing or in print pro |