10 VIC. c. 37. Island Act. strangers. 32. If any person shall wilfully insult the judge, or any clerk, or other officer of the court of appeal during his sitting 1847. or attendance in court, or in going to or returning from the Contempts court, or shall wilfully interrupt the proceedings of the court, by or otherwise misbehave in court, it shall be lawful for any police officer or constable, with or without the assistance of any other person, or for any constable, sworn specially for the purpose, by the order of the judge, to take such offender into custody, and detain him until the rising of the court; and the judge shall be empowered, if he shall think fit, by a warrant under his hand, to commit any such offender to prison for any time not exceeding seven days. 33. Whereas it is proper that appeals from the act of this island [4 Vic. c. 11], "regulating hawking and pedling," and all other acts now in force, giving summary jurisdiction to magistrates, should be decided by the chairman of quarter sessions sitting in a court of appeal, under the 3 Vic. c. 65, [ante] in the same manner as all other appeals from summary proceedings before justices: Be it therefore enacted, That the fourteenth clause of the said act, 4 Vic. c. 11, shall be and stand repealed, and that all appeals under the said act of 4 Vic. c. 11, and all other acts in force giving summary jurisdiction to magistrates, shall be heard and determined by and before the chairman of quarter sessions, pursuant to the 3 Vic. c. 65, as amended by the provisions of this act. 11 Vic. c. 24. Island Act. 1847. 11 Vic. c. 24.] To explain and repeal certain parts of the 10 Vic. c. 37 [ante]. ISLD. [28th Dec. 1847.] 11 Vic. c. 24, sec. 1.] Whereas, under the act 10 Vic. c. 37 [infra], parties aggrieved by the order, determination, judgment, or conviction of any one or more justices of the peace, are empowered to give to the convicting justice or justices, notice in writing, or verbal notice of their intention to appeal against the conviction, order, judgment, or determination of such justice or justices: And whereas the party giving such notice of appeal, is required to enter into recognizance with one surety to prosecute such appeal: And whereas doubts have been expressed within what time under the provisions of the said act such recognizance must be entered into, and it is expedient to remove such doubt, and to amend the said act: Be it enacted, That whenever any party entitled to appeal under the provisions of peal must the said act, shall give either written or verbal notice of his or her intention to appeal from the judgment, order, determination, or conviction of any one or more justice or justices of the peace, he or she shall and is hereby required forthwith to enter into Parties giving notice of ap enter into recogni zance. c. Island Act. 1847. recognizance with one sufficient surety, in any sum not exceeding 11.24. £10; or two sufficient sureties in any sum not exceeding £5, each to prosecute such appeal, and to obey the order or adjudication of the appellate judge to be made in the matter: Provided always, That no judgment, order, determination, or conviction of any justice or justices of the peace shall he stayed, unless such recognizance shall be duly entered into as aforesaid. appeal may case for 2. It shall and may be lawful for the court of appeal to Court of transmit a case for the opinion of the supreme court, in matter transmit of law, or on the construction of any act of the legislature; opinion of and thereupon it shall be lawful for the said supreme court, Supreme after notice to the parties concerned in the appeal, and after hearing the said parties, if they shall think fit to appear, to certify its opinion thereon, under the seal of the said court, to the court of appeal; and judgment shall thereupon be pronounced in accordance with such certificate, by the appellate court, and carried into execution, as a judgment of the said court of appeal. (a) Island Act. 14 VIC. c. 44.] To amend the law relating to appeals from the 14 c... courts of petty sessions. ISLD. [23rd May, 1851.] 1851. may take a zance of 14 Vic. c. 44, sec. 1.] Whereas it is necessary to amend the act 10 Vic. c. 37; and also another act 11 Vic. c. 24, with respect to appeals: Be it enacted, That any one justice of the Any justice peace acting in and for the parish, may take a recognizance of recogniappeal, although he be not the convicting justice, or one of them, appeal. or the justice making the order appealed against or one of them: Appellant Provided, That in case the appellant shall be resident in any to enter parish, other than the parish in which such order or conviction into recog shall have been made, it shall be lawful for such appellant to before a enter into such recognizance before any justice of the peace of the parish the parish in which he shall be resident. nizance justice of in which he resides. may order paid to par 2. Upon proof of any notice of appeal having been given, Chairman although such appeal was not afterwards entered or prosecuted, costs to be the chairman and judge of the court of appeal may, if he shall ties receiv so think fit, order costs to be paid to the party or parties ing notices receiving such notice of appeal, by the party or parties giving though such such notice of appeal, not exceeding £3, such costs to be prosecuted. recoverable as other costs upon a final adjudication. 3. And whereas the statutes giving a right of appeal against orders or summary convictions, frequently require a recognizance or recognizances to be entered into, as a condition of such appeal, (a) See 14 Vic. c. 44. (Post.) of appeal, appeal not Island Act. 1851. In case of cognizance, court may permit new entered into. 14 VIC. c. 44. and appellants are liable to be prevented from trying their appeals upon the merits, in consequence of imperfections in the taking of such recognizances, or the drawing up and signing of same, or for the want of stamps: Be it further enacted, That defective re- where any recognizance, or recognizances, which shall have been entered into within the time by law required before any recogni- justice or justices of the peace, for the purpose of complying zances to be with any such condition of appeal, shall appear to the court, before which such appeal is brought, to have been insufficiently entered into, or drawn up, or signed, or stamped, or to be otherwise defective or invalid, it shall be lawful for such court, if it shall so think fit, to permit a new and sufficient recognizance to be entered into before such court, in the place of such insufficient, Trial of ap- defective, or invalid recognizance or recognizances, and for that be delayed purpose; but the trial of such appeal shall not be delayed, unless beyond next the appellate judge shall on application for that purpose postpone the same to the next court, and no longer; and he shall and is impose hereby empowered, to impose such terms as to payment of costs terms as to to the respondents or otherwise, as to such court shall appear such new re- 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 been duly entered into at any earlier time or times as required by any statutes for that purpose. peals not to court, and the chairman may costs, and cognizances declared valid. may be amended ance ap writing, &c. Proceedings 4. The court of appeal, on the trial of any matter or offence within its jurisdiction, whenever any variance shall appear where vari- between any matter or thing, in writing or in print, produced in pears in any evidence, and the recital or setting forth thereof in any order or conviction, or proceedings, shall have the same power in all respects to cause the same order, and conviction, and proceeding, to be amended, which is given to courts of oyer and terminer, and gaol delivery, and to courts of quarter session by 13 Vic. c. 7, for the removal of defects in the administration of criminal justice. (a) If costs are given, the amount to be added to 5. And whereas it is expedient that where any defendant has been convicted or ordered to pay any sum of money and costs, and has appealed against the same, and that such conviction or order has been affirmed with costs, that the whole of such penalty and costs, together with the costs of appeal, if any, shall be recovered by one and the same process, and that defendants should not be harassed by two distresses or two imprisonments, at different times, and that such process by distress and imordered to prisonment should be uniform: Be it enacted, That the chairman the convic of the appeal court shall indorse the amount of the costs, if any the whole are given, on such appeal, upon the conviction or order shall be re- affirmed, and thereupon any justice of the peace shall and may distress and add such costs so given by the court of appeal to the penalty or the penalty or sum of money be paid by tion, and covered by sale, &c. (a) See AMENDMENTS. (Post.) Island Act. 1851. sum of money ordered to be paid by the conviction and order, 14 Vic. c. 44. and the costs given by the justice or justices; and shall proceed to recover the whole by distress, and sale, and commitment, as they or he would have done in case the conviction or order had not been appealed against, and for that purpose shall have all the powers and authorities, and protection as in other cases of enforcing their orders and convictions. every recog 6. The condition of every recognizance to appeal shall be, Condition of that the appellant shall prosecute his appeal at the court of nizance. appeal to be therein named; and that he do abide by, perform, and obey all and every the judginents, orders, and determinations. of the appellate court, to be made in the matter; and in case the conviction or order shall be affirmed, then and in such case to pay the amount of the penalty adjudged, or sum ordered by the justices to be paid, together with all costs ordered to be paid by the said justices and also such further costs as shall be adjudged by the appellate judge to be paid; and where the appellant shall have been adjudged by the convicting justices to imprisonment in the first instance, without payment of any penalty or fine, the condition of the recognizance in such case shall be, that the appellant do surrender in order that he may undergo the term of imprisonment adjudged, and that he do pay all costs to be adjudged as aforesaid. of the re shall issue for 7. In the event of defendant not satisfying such penalty, or court, upon sum of money ordered to be paid, and all costs herein before application mentioned, it shall be lawful for the respondent in such appeal spondent, to apply to the appeal court, at any future sitting thereof, to process issue process on the recognizance against the surety of such surety of the appellant, by writs of distringas and capias, for the recovery of appellant any amount which shall remain unsatisfied, whether the defend- amount unant shall have gone to gaol or otherwise; and upon full satisfaction and payment of the whole amount of penalty, or the producsum of money ordered to be paid, together with all costs, it certificate to shall be incumbent upon the clerk of the appeal court to grant of the gaol a certificate to that effect, upon the production of which to the of the whole keeper of the gaol or prison where the defendant shall be being satisimprisoned, he shall be forthwith liberated. satisfied, and upon tion of a the keeper amount fied, the de- sonment of 8. And whereas it is necessary to limit the period of imprisonment of such surety or sureties in the event of the penalty or sums of money ordered to be paid and all costs not being satisfied either by the principal or surety or sureties: Be it enacted That The imprithe imprisonment of the surety or sureties under any writ of the surety, distringas and capias to be issued against him or them, shall not not to ex extend beyond the time to which the principal shall be liable by tend beyond the act or acts under which he shall have been convicted or which the ordered to pay the amount of money and costs. or sureties, the time to principal is liable. 14 VIC. c. 44. Island Act. 1851. In case of tion being the convic quashed, and the 9. In case of any conviction or order being quashed, and the respondent ordered to pay costs, it shall be lawful for the court of appeal to issue a warrant of distress for the amount against the goods and chattels of such respondent; and in case of there being no goods and chattels, or insufficient goods and chattels to satisfy the amount of costs so given and awarded, it respondent shall be lawful for the said court of appeal at the same or any pay costs, subsequent court, to commit the party or parties neglecting to pay the said costs to the nearest gaol, or house of correction, warrant of without hard labour, for any time not exceeding three calendar months, unless such sum shall be sooner paid. ordered to the court may issue Appeal allowed missal of any information or 10. It shall and may be lawful to appeal against any order against an of dismissal of any information and complaint, and thereupon order of dis- the court of appeal may order that such information or complaint shall be heard before any other justice or justices, due notice complaint. being given to the opposite party or parties; and such court of appeal may proceed, in case of their refusal, to a hearing of the matter of information or complaint, and for that purpose shall have, use, and exercise all the powers and authorities given to the justice or justices before whom the matter was originally brought for adjudication; and shall thereupon issue such process and execution as may be necessary for the purpose of enforcing snch judgment as aforesaid; and the said justice or justices shall be entitled to the same protection and privileges as such justices are by law entitled to, in carrying such judgment into execution. (a) (a) For fees chargeable on appeals, see 14 Vic. c. 49, QUARTER SESSIONS, ante. |