out delay, and to pay costs, and to appear to receive judgment, unless the decision is reversed (t). commitment. When there is any fault or illegality in the commit- Irregular ment alone, the proper remedy is for the defendant to sue out a writ of habeas corpus, which will be directed to the gaoler in whose custody the defendant is. The proceedings may be removed from the justices Certiorari. to the Queen's Bench Division, for the purpose of being examined by that court, by writ of certiorari. Unlike the qualified right of appeal, this right lies of course as a matter of common law, unless expressly taken away by statute. As no writ of error lies on summary convictions, this is the only mode in which a revision of these proceedings by the superior court can be obtained (u). It will not be necessary to do more than mention Proceedings against magisthat certain proceedings (in some cases civil, in some trates. criminal) may be taken against justices for any irregularity or excess in their measures. As to criminal steps, it may be stated generally that, "wherever the powers vested in justices for the summary execution of penal laws are exerted from corrupt or personal motives," the delinquent may be proceeded against by criminal information, and punished accordingly; but "an information is never granted for an irregularity arising merely from ignorance or mistake" (x). In conclusion, we may again draw attention to the Summary jurisdiction fact that the examination and punishment of offences depends in a summary manner by justices of the peace, without entirely on the intervention of a jury, is founded entirely upon a statute. (t) 20 & 21 Vict. c. 43, ss. I, 2. (u) Paley, Sum. Con. 423. (x) Ibid. 506, 507. special authority conferred and regulated by statute in the case of each offence. No new offence is cognizable in this manner, unless expressly made so by statute; if some statute does not authorize the summary proceeding, the offence must be dealt with in the ordinary way by indictment or information (y). (y) Paley, Sum. Con. 15. 39 & 40 Geo. 3, C. 93 57 Geo. 3, c. 6 11 & 12 Vict. c. 12 7-5 yrs. 3 yrs. (Whipping) 5 & 6 Vict. c. 51 Attempt to alarm the Queen Misd. Treason-Felony Fel. Life-5 yrs. Sedition Misd. ... 2 yrs. Fine & impr. II & 12 Vict. c. 12 55 60 Geo. 3 & 1 Geo.4, c.9 Unlawful oaths against Government' 11 Geo. 4&1Wm.4,c.73 56 Fel. 7-5 yrs. 37 Geo. 3, c. 123 57 to commit crimes Fel. Life-5 yrs. 3 yrs. 52 Geo. 3, c. 104 33 & 34 Vict. c. 90 58 78 |