Offence, or cause of Complaint.

ADULTERATION-continued.

Proceedings.-In proceedings under 42 & 43 Vic.
the principal Act and this Act c. 30, s. 10.
summons shall be served within a
reasonable time; and in the case
of a perishable article not exceeding
28 days from the time of the pur-
chase, and particulars of the of-
fence and also name of prosecutor
shall be stated on summons, and
summons shall not be returnable
in less than 7 days from day of
service.
Adulterating corn, meal, flour, &c.,
or selling or offering same for sale,
not being equal to sample; or
practising any fraud to increase
the weight of same.

Similar offence under

Adulteration of Seeds.-Any person
who, with intent to defraud, or
enable others to do so, kills or
dyes, or causes to be, or sells, or
causes to be sold, &c., any killed
or dyed seeds.
In second, &c., offences, Court may
cause offender's name, &c., and
punishment to be published in
newspapers or otherwise.
Intent to defraud particular person
need not be alleged.

Power of Appeal to Quarter Sessions.
Other criminal or civil proceedings
not to be affected by this Act.
Proceedings under this Act shall be
commenced within twenty-one
days from offence.

Adulteration of Seeds Act, 1869, amends 32 & 33 Vic. c. 112, sec. 2. The term "to dye seeds" means to apply to seeds any process of colouring, dyeing, or sulphur smoking.

1 & 2 Vic.
c. 28, s. 8.
(14 & 15 Vic.
c. 93, s. 22.
36 & 37 Vic.
c. 82.)

14 & 15 Vic.
c. 92, s. 7.

32 & 33 Vic. c. 112, s. 34. (14 & 15 Vic. c. 93, s. 22. 36 & 37 Vic. c. 82.)

41 Vic. c. 17.

s. 2.

(a) 24 & 25 Vic. c. 66. s. 1.-"If any person called as a witness in any Court of Criminal Jurisdiction in England or Ireland, or required or desiring to make an Affidavit or Deposition in the course of any criminal proceeding, shall refuse or be unwilling, from alleged conscientious motives, to be sworn, it shall be lawful for the Court or Judge, or other presiding Officer or Person qualified to take Affidavits or Depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn Affirmation or Declaration in the words following, viz.-(This Act extended to Jurors by 31 & 32 Vic c. 75.)

"I, A. B., do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and truly affirm and declare, &c.'

Which solemn Affirmation and Declaration shall be of the same force and effect as if such person had taken an oath in the usual form."

Sec. 2.-If wilfully false, &c., punishable as for perjury.

For the Oath of Allegiance, Official Oath, and Judicial Oath, see "Promissory Oaths Act," 31 & 32 Vic. c. 72; and where Affirmation or Declaration may be substituted, see section 11 of same Act (and Appendix).

Where an order is made under the 14 & 15 Vic. c. 92, for the payment of a penal or other sum exceeding 208.; or for an imprisonment exceeding one month; or for doing anything at a greater expense than 20s.

General Right of Appeal.-A general right of appeal is given under the 14 & 15 Vic. c. 93, where the order is made for payment of any penal or other sum exceeding 20s., or for any term of imprisonment exceeding one month; or for the doing of anything at a greater expense than 408.; or for estreating a recognizance to a greater amount than 20s.; but in no other case. (a)

14 & 15 Vic.
c. 92, s. 23.

14 & 15 Vic.
c. 93, s. 24.

In cases of a civil nature, either party may appeal; in other cases, the party against whom the order is made may appeal to Quarter Sessions.

In cases of a civil nature, either party may appeal; in other cases the party against whom the order is made may appeal to Quarter Sessions.

A special power of appeal is given under the Poaching Act of 1862, 25 & 26 Vic. c. 114.

(a) The two Acts above referred to were passed in the same Session; they differ in some particulars as to the conditions, or penalties, &c., which will give a right of appeal. The power of right of appeal given by chap. 92 appears merely to apply to orders made under it. Chap. 93 applies generally to orders made under all previous Statutes, except the cases under chap. 92, and also Customs, Excise, Stamps, Taxes, Post-office, and Game Prosecutions, exempted in sec. 42 of chap. 93; these must be regulated by the conditions and forms of appeal specially appointed for themselves. Chap. 93 will also apply to all convictions under all previous Acts, and will take away the right of appeal given by them unless the penalty or punishment be such as under its (chap. 93) provisions will give that right, for the words of the section "in no other case" appear sufficiently strong to have that effect. It will also apply to summary orders under all subsequent Acts of Parlia

ment to which the provisions of this Act are extended. Appeal can alone be given by Statute, and never lies unless where it is expressly given.-R. v. Recorder of Ipswich, 8 Dowl., 103. The rule with regard to a certiorari is the reverse. It always lies unless expressly taken away, R. v. Abbott, Dougl., 553, and it requires very strong words to do so; for even where a Statute gives an appeal to the Sessions, and directed that it should be finally determined there, and no other Court should intermeddle with the causes of appeal, it was held that a certiorari lay after the appeal.-R. v. Morley, 1 W. Bl., 231; R. v. Justices of West Riding of Yorkshire, 1 Ad. & Ell., 575; R. v. Fell, 1 B. & Ad., 380; R. v. Justices of Lancashire, 11 Ad. & Ell., 144. "An appeal from a conviction is not a matter of right, it can only be given by special enactment, and the right will not be extended by any equitable construction."-Paley on Convic.

(a) Assent of Recruit.-If he does not appear before a Justice or, on appearing, does not assent to be enlisted, no further proceedings shall be taken, nor shall the Justice proceed with the enlistment if he considers the recruit under the influence of liquor. Sec. 77.

Attestation.-Officer duly authorized may attest recruits. See 46 Vic. c. 6, s. 6.