BREAD. See BAKER. BREWERS, not to act as justices under laws relating to beer, 51. BREWING VESSELS, conviction for concealing, 178. BRISTOL CHANNEL, offences committed in, 31, n. (ƒ). BUILDING, order by district board of works to demolish, 92, 201. See METROPOLITAN BUILDING ACT. CAPIAS AD SATISFACIENDUM, after affirmance of conviction in CASE, SPECIAL, power to state, without going to sessions previously, 296, 314. unless it be granted, sessions not bound to re-hear appeal, 301. recognizance for prosecution of appeal not forfeited by agreement for, CASE STATED under 20 & 21 Vict. c. 43...323-335. the statute 20 & 21 Vict. c. 43 (app.), 473. summary of its provisions, 323. party dissatisfied with decision of justices as erroneous in point of they may refuse it if application in their opinion frivolous, ib. superior court or judge at chambers may order case to be stated, 323, operates as abandonment of appeal, 324. certiorari may still issue, it seems, if objection to jurisdiction, 360. certiorari not required to remove conviction, 324. what cases within statute, 325. dismissal of complaint is, ib. so order under Lord Campbell's Act, ib. so question as to legality of theatrical performance, ib. not complaint of improper rating, ib. or refusal to enforce payment of rates, which justices compelled to enforce if good on face and unappealed against, ib. or refusal to order local authority to enter premises under s. 305 or dispute under Friendly Societies Acts, 326. when functions of justices ministerial, statute does not apply, ib. application for case within three days after decision of justices, 324. recognizance to be entered into within such three days, ib., 324. or case struck out of crown paper, 326. this provision cannot be waived, 327. not sufficient merely to transmit to London agent, 326, but must be lodged in crown office, ib. Sunday counted in the three days, 327. CASE STATED under 20 & 21 Vict. c. 43-continued. conditions to be performed-continued. before transmission to and lodging of case in court, notice in where respondent cannot be found, 327. two clear days before day for argument, copies of case to be if respondent does not deliver his copies, appellant should in such case, unless respondent pay for them, his the case is entered on a list in crown office, 328. the argument, 329. who to begin, 329. respondent not appearing, appellant must still show decision finding of justices on facts conclusive, 330. court only inquire whether the facts warrant the conclusion in refuse to give opinion on mere question of fact, ib. objections not raised before justices can be taken in court, ib. by court, not before argument, 331. by justices, 327. remitting case to justices, 330, 331. costs, justices not liable for, 331. may be awarded against the crown, ib. unsuccessful party generally pays costs, ib. although he may not appear in support of case, ib. successful party should ask for, ib. what costs allowed, ib. when case struck out, 331. when paper books not delivered, 328. justices not liable to action for enforcing order after decision of court, 325. CASE STATED, under s. 33 of Summary Jurisdiction Act, 1889. stating case, 332. time for stating, 333. cases within statute, 334. mandamus to state case, 335. CAUSE OF ACTION, to be stated in notice of action, 411. "CAUSE OF COMPLAINT," 64. CERTAINTY, indispensable in conviction, 177, 390, n. (x). degree of certainty required 177, 197. in return to habeas corpus, 340. CERTIFICATE, of conviction or dismissal of complaint, 100, 101, n. (n), 154-159, 166, 167. time for granting, 63, n. (k). CERTIORARI, removal of conviction by, 329, 348. where grantable, 348. the usual mode by which summary proceedings are reviewed by superior court. 349. lies of common right, ib. cannot be taken away by implication, 350. but only by express words, ib. not by general reference to former acts, 351. when taken away, ib. not from prosecutor, 353. nor where want of jurisdiction, 354. or fraud, ib. what objections go to jurisdiction, 354, n. (x). showing want of jurisdiction or fraud by affidavit, ib., 355. when necessary to remove conviction by, 321, 354. not on case stated under 20 & 21 Vict. c 43 ..324, 332, 377. effect upon, of case stated under 20 & 21 Vict. c. 43...332. by private prosecutor, ib. at the suit of the defendant, 357. issues on ex parte application, 357. must state objections, 359. not to issue while appeal is depending, ib., 360. contrà, it seems after case granted under 20 & 21 Vict. c. 43, may be refused where the ground alleged is more properly the time of issuing, 361. must be applied for in six months after conviction, &c., 362. six days' notice thereof to be given to justices, ib. requisites of such notice, 361-365. service of, 363, 364. issues only at instance of party giving notice, 364. before sued out, recognizance to be entered into for costs, 366. two sureties to be given, besides defendant's recognizance, ib. direction of, 367. must be delivered before time of return expires, 367. from delivery, supersedes authority of justices below, ib. does not stay execution if begun, 368, return, how enforced, 369. making the return, ib. return must be under seal, ib. and on parchment, ib. to be filed in the crown office, ib. examinations, &c., need not generally be returned, 370. when they should be returned, ib. impertinent matter disregarded, ib. if return imperfect, it will be quashed, ib. formal conviction may be drawn up before return of, 234. variance between the writ and return, ground for quashing it, 371. when procedendo awarded, ib. CERTIORARI-continued. defendant in custody may be admitted to bail pending discussion in superior court, ib. proceedings after return, 372. no plea allowed to the conviction, ib. affidavits, how far admissible, 372-376. no facts in the return allowed to impeach conviction or supply defects therein, 377. remedy for false return, 378. filing return, ib. argument, ib. amendment of conviction, &c., 379. quashing order, &c., in part, ib. defendant dying after return, and before argument, ib. costs on affirmance of conviction, ib. what costs to be paid, ib. party not liable for costs where certiorari quashed, quia improvide, proceedings on recognizance, 380. scire facias on recognizance, ib. attachment for costs. ib. case where no costs allowed on affirmance of conviction, 381. process for recovering penalty must issue out of that court, ib. not necessary for enforcing order of sessions, 321. or to remove conviction on case granted by justices, 324. no appeal from Queen's Bench, 361. Forms, (Appendix), 574–580. limitation of punishment of, 221. summary trial of indictable offences by, 481, 548, 565. CHURCHWARDENS, signing notice of application for certiorari, 365. 18 & 19 Vict. c. 48, as to separate jurisdiction of 430, n. (d). CITY, county justice residing in, 23, 24. judicial notice taken of city being county in itself, 37 n. (o). CIVIL DEBT, commitment for non-payment of, 265. Forms of proceedings, 568-573. CIVIL PROCEEDINGS, as distinguished from "criminal.' See CRIMINAL PROCEEDING. CIVIL PROCEEDINGS-continued. conviction, when evidence in, 439. CLAIM of title or authority. Sec TITLE. CLAUSES CONSOLIDATION ACTS, powers of justices under. See "CLEAR DAYS," effect of in reckoning time, 62, 288. CLERK OF THE PEACE, lodging convictions with, 232. effect of omission to direct costs to be paid to, 354, n. (x). 387. COALS, conviction for selling, short of weight, 211. CO-DEFENDANT discharged and giving evidence; 121, n. (b). COLLATERAL proceedings, effect of conviction in, 437–440. COLORE OFFICII, 431, n. (g), 435. COMMISSIONERS formerly appointed for the execution of penal laws, COMMITMENT, mandamus or rule to issue, 357 and ib. n. (Z). where goods sufficient to answer part, 266. without issuing warrant of distress, 251, 264, 395. not void for any defect therein, if a valid conviction to sustain the same, 281. to be drawn up as soon as possible after commitment ordered, 268. by parol, 394, 395. without hearing charge, 395. of defendant after affirmance of appeal, 285-287. of witness for refusing to give evidence, 120. for "a criminal matter," 343. Forms of warrant, 267, 544-549, 557-560. time of imprisonment and condition of discharge, 272. hard labour, 277. in force until return day, 281. charges, &c. of, 279. execution of, 277. not on Sunday, 278. where defendant already in custody, 279. production of warrant, 278. defendant entitled to copy of, 231, n. (a). backing warrant, 278. tender of penalty, 280. liberation on condition not fulfilled, 281. |