satisfy him" that the Legislature knew and acted on the rules of law that in offences of the class of those created by the Act mens rea was not necessary, and that by section 2 it intended to make the offence the mere omission to enter the true name and place of abode of the person from whom the article is purchased.

...

"I come to the general object of the Act, which was to enable stolen goods to be traced.

"That object could never have been carried out unless the obligation were to give the true name. It is in such cases almost always alleged that the goods were received from a man alleged to be respectable, but whose name or residence the prisoner does not know, and whom, though he and his friends have ever since been looking for him, he is unable to discover...

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One of the objects of the statute was to put an end to defences of this kind" [Toppin (appellant) v. Marcus (respondent) (1908, 2 I. R. 423)].

Sect. 2 of the General Dealers (Ireland) Act, 1903, requires every general dealer to enter in a book the particulars of each transaction in his business, including certain particulars as to each article purchased by him, in default whereof he is liable to a penalty.

Sect. 12 defines "general dealer" as meaning any person buying or selling certain specified articles, whether such person deals in those articles only, or together with second-hand goods or marine stores.

The defendant, a licensed general dealer, had in his possession a quantity of horse-hair, the particulars of the purchase of which he had not entered in his book. Horse-hair is not one of the articles specified in sect. 12.

In this case it was held that the defendant was not guilty of an offence under sect. 2 [Kelly (appellant) v. Rice (respondent) (1906, 2 I. R. 1.)]

In the case of Hall (appellant) v. O'Brien (respondent) (1906, 2 I. R. 6.), Hall v. O'Brien. the respondent was licensed under the General Dealer (Ireland) Act, 1903, to carry on the business of a general dealer on certain premises within the Metropolitan Police District of Dublin.

He went about from house to house with a pony and cart, at Howth (which is outside the metropolitan district), buying bottles and old metal, which are among the articles specified in sect. 12 of the Act.

It was held that the respondent had not contravened the terms of his licence, and was not guilty of any offence under the General Dealers (Ireland) Act, 1903.

In Campbell (appellant) v. Finn (respondent) (1907, 2 I. R. 503), it was held that the provision in sect. 13 of the Prevention of Crimes Act, 1871, and the schedule to the Act imposing a penalty on a dealer in old metals who purchases brass in quantities of less than 56 lbs., is not repealed by the General Dealers (Ireland) Act, 1903.

CHAPTER X

APPEAL

THE rule, said Lord Tenterden (R. v. Hanson, 4 B. & A. 519), is this:"Certiorari lies unless expressly taken away, yet an appeal does not lie unless expressly given by statute." When an appeal is taken from a decision of justices, it comes for hearing before the County Court judge and magistrates sitting at Quarter Sessions. It has been decided [R. (Sands) v. Justices Co. Armagh (1895), 2 I. R. 503] that an appeal from an order made by justices at Petty Sessions must, under sect. 24 of the Petty Sessions Act, be taken to the Quarter Sessions, which are held first after the order in case of there being more than one Quarter Sessions town in the division. The County Court judge may proceed to hear appeals although no other justice from the county or riding may be in attendance. The question of disqualification by interest or bias applies to justices sitting to hear appeals (re Hopkins, 1 El. Bl. & El. 100).

In case

a Petty Sessions District is in two Quarter Sessions Divisions, the appeal should be taken to the Quarter Sessions in which the Petty Sessions court-house is situated [R. (Conway) v. Tyrone JJ. (1906) 2 I. R. 161].

Borough justices would appear to have no jurisdiction to sit on appeals taken from orders made out of their own boroughs.

Any justice who has taken part in the original hearing is prohibited from taking part in the hearing or decision of the appeal [County Courts Act (Ireland), 1877, c. 56, s. 43].

A difficulty sometimes arises in deciding whether the right of appeal has been taken away where it had been previously conferred, or whether a statute has given that privilege where it did not before exist.

By the 14 & 15 Vict. c. 93, s. 24, a general power of appeal is given in every case of summary jurisdiction, where an order shall be made by the justices for payment of any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding one month, or for the doing of anything at a greater expense than forty shillings, or for the estreating of any recognisance to a greater amount than twenty shillings, but in no other case.

This provision regulates the right and procedure of appeal under every prior statute, conferring a summary jurisdiction upon justices, only excluding proceedings under the Revenue, Excise, Game, &c., Acts, mentioned in the 42nd section. It also, as regards prior statutes, gives a right of appeal under some of them where such right did not previously exist, and in the case of others of them takes away a right of appeal previously given by these other statutes, unless the imprisonment or penal or other sum be such as under this 24th section would give the right of appeal.

This 24th section will also regulate the right and procedure of appeal under all subsequent statutes, except such as contain provisions incon

sistent with this 24th section, or which give a right of appeal under different conditions and according to a different procedure, in which case the precise provisions of such subsequent statute should be strictly complied with.

The subsequent statutes which vary the right of appeal and procedure thereon in cases under them are rather numerous, and will require the careful attention of a person intending to appeal.

Larceny and Malicious Injuries Acts.-A more extended power of appeal is conferred by the Larceny and Malicious Injuries Acts than before existed. When the conviction for any offence against their provisions takes place before one justice only, a right to appeal is given to the accused, irrespective of the amount of penalty or imprisonment that has been awarded (24 & 25 Vict. c. 96, s. 100; id. c. 97, s. 68). As regards convictions under the Larceny Acts or the Malicious Injuries Acts, in cases where the sum adjudged to be paid exceeds twenty shillings, but does not exceed five pounds, two questions are involved. (1) Whether a right of appeal exists in such a case.

(2) If the right does exist, whether the course of procedure should in such cases be under the Larceny and Malicious Injuries Acts, or under the Petty Sessions Act, sect. 24.

If the first question merely depended upon the Larceny Act, sect. 100, and the Malicious Injuries Act, sect. 68, it would be clear that when the defendant is fined either under the Larceny or Malicious Injuries Act, he would have no right of appeal unless he was convicted before one justice only, or the sum adjudged to be paid exceeded five pounds. But this question does not depend merely on these two sections. Regard must be had, also, to the Larceny Act, sect. 120, and the Malicious Injuries. Act, sect. 76, which enact that all provisions contained in the Petty Sessions Act shall be applicable to prosecutions for offences punishable on summary conviction, under either the Larceny Act, or the Malicious Injuries Act in the same way as if they were incorporated into these Acts. This renders the Petty Sessions Act, sect. 24, applicable to such prosecutions, preserves the right of appeal thereby given, and gives a right of appeal in cases where a defendant is fined by two or more justices under the Larceny Act or Malicious Injuries Act, and the amount of the fine exceeds twenty shillings, but does not exceed five pounds. In such a case it is submitted that the procedure to be adopted should be that prescribed by the Petty Sessions Act, sect. 24, under which the right of appeal is given. And as regards cases where the right of appeal is given under the Larceny Act, sect. 110, or the Malicious Injuries Act, sect. 68, the procedure in such cases should be that prescribed by those sections, with this exception, that where the imprisonment exceeds one month, or the sum adjudged to be paid exceeds five pounds, as the right of appeal in such cases is given both by the Larceny and Malicious Injuries Acts, and also by the Petty Sessions Act, the procedure may be according to either the Petty Sessions Acts or the Larceny and Malicious Injuries Acts.

Excise cases.-Besides the notices of appeal required by 7 & 8 Geo. IV. c. 53, and 4 Vict. c. 20, amending the former statute as to the seven days' notice of appeal before the appeal is to be heard and determined, it is provided that when the appeal is taken against any conviction for a penalty, the appellant shall, within three days after the giving of the judgment, lodge with the excise officer the amount of penalty in which

S

he has been convicted, or when the appeal is against the condemnation of any goods, &c., such goods, &c. must be left and deposited with the excise officer until the final determination of the appeal.

On an excise prosecution under 6 Geo. IV. c. 81, the procedure on appeal by the officer of excise to the Court of Quarter Sessions is regulated by the 7 & 8 Geo. IV. c. 53, ss. 82, 83, and not by sect. 52 of the Licensing Act, 1872 (35 & 36 Vict. c. 94), and under 6 Geo. IV. c. 81, it is not required that notice of appeal by the excise officer to the Court of Quarter Sessions should state the ground of appeal, or that the appellant should enter into recognisance, or give security by deposit of money or otherwise (R. v. Finucane, L. R. 9 Č. L. 408).

Illicit distillation.-Persons aggrieved by any judgment of the justices on informations under the 1 & 2 Will. IV. c. 55, or under the 17 & 18 Vict. c. 89, and 20 & 21 Vict. c. 40, may appeal therefrom to the Quarter Sessions which shall be holden next after the expiration of twenty days from the giving of such judgment, upon giving the notices and upon the terms, conditions, and regulations prescribed for appeals by the 7 & 8 Geo. IV. c. 53, and 4 & 5 Will. IV. c. 51, and 4 Vict. c. 20.

The Licensing Acts (Ireland) 1872 and 1874.-Any person aggrieved by any order or conviction made by a Court of Summary Jurisdiction under these Acts may appeal. His right to appeal is not limited to any amount of fine; even when the fine is less than twenty shillings the defendant can appeal (35 & 36 Vict. c. 94, s. 52).

Poaching Act.-There is a special power of appeal given by the 25 & 26 Vict. c. 114.

Cottier Tenant Act.-Under the 19 & 20 Vict. c. 65 (Cottier Tenant Act), any person aggrieved by any order made by justices under the provisions of that Act may appeal, although the order may have been for the payment of a sum less than twenty shillings, or the thing ordered to be done were to be at an expense less than forty shillings.

Small Debts Act.-In cases under the Small Debts Act (22 Vict. c. 14), either party may appeal; but in this case the appeal is to the County Court judge, and a complainant can appeal from a dismiss (Sect. 5).

Appeal from a dismiss.-The Petty Sessions Act does not empower a complainant to appeal from a dismiss; the only instance under that Act is where in cases of a civil nature, an order has been made in his favour for a sum exceeding twenty shillings.

Under the Contagious Diseases (Animals) Act, 1878, any person aggrieved by the dismissal of a complaint under that Act may appeal therefrom.

By the 40 & 41 Vict. c. 56, s. 74, in case any justice or justices shall dismiss any complaint under 5 & 6 Vict. c. 106 (Fishery Act), or any Act altering or amending the same, if any person prosecuting shall feel aggrieved by such order of dismissal, such person may appeal against such order of dismissal, and the several provisions of the 14 & 15 Vict. c. 93, as amended by 40 & 41 Vict. c. 56, shall extend and may apply to such appeal, provided that the amount of the recognisance to be entered

into by such appellant shall be such as to the justice shall seem reasonable.

Proceedings in appeals under the Petty Sessions Act.-It has already been stated in what cases an appeal may be brought under the Petty Sessions Act, namely, in cases of summary jurisdiction, where an order has been made by justices for payment of any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding one month, or for the doing of anything at a greater expense than forty shillings, or the estreating of any recognisance to a greater amount than twenty shillings.

Who may appeal.-Either party, whether complainant or defendant, in cases of a civil nature, or the party against whom the order has been made, in other cases, is entitled to appeal.

To what sessions the appeal should be taken.-The appeal, in cases regulated by the Petty Sessions Act, should be to the next Quarter Sessions to be held in the same division of the county, when the order has been made by the justice or justices of any Petty Sessions District, or to the recorder of any corporate or borough town at his next sessions, when the order has been made by any justice or justices of such corporate or borough town, unless when any such sessions commence within seven days from the date of the order, in which case the appeal may be made to the next succeeding sessions of such division or town. In cases not regulated by the Petty Sessions Act, the appeal should be to the Quarter Sessions prescribed by the statute, giving the right of appeal. When the appeal is from the adjudication of justices sitting at Petty Sessions, in a district comprising an annexed townland of an adjoining county, and the offence has been committed in that townland, the appeal should be to the Quarter Sessions of the county in which the Court is situate.

Proceedings on appeal.-In bringing an appeal under the Petty Sessions Act, the appellant must comply with the following require

ments :

(1) He must serve notice of his intention to appeal in writing upon the clerk of Petty Sessions.

(2) He must enter into a recognisance in the manner prescribed.

(3) He must give notice in writing to the opposite party of his intention to prosecute his appeal.

These requirements shall be treated of in their order.

(1) Notice by appellant to Clerk of Petty Sessions. It is provided by the 24th section of the Petty Sessions Act that the appellant shall serve notice in writing of his intention to appeal upon the clerk of Petty Sessions, within three days from the date of the order against which the appeal shall be made.

(2) Appellant to enter into recognisance.-The appellant must also, within three days after the notice of appeal has been served on the Petty Sessions clerk, enter into a recognisance with two solvent sureties