Note to Case may be sent back for amendment. Application to amend. Powers of superior court may be exercised by a judge at chambers. After the decision of superior the Pawnbrokers Act, 39 & 40 Geo. 3, c. 99; but in the particular case the court declined to do so, and remitted the case to the justices for rehearing, with a view to the 24th section, in order not to deprive the appellant of his appeal to the quarter sessions under the 35th section of the same Act. Shackell v. West, 29 L. J. (N.s.) M. C. 45; 6 Jur. (N.s.) 95; 24 J. P. 22. 7. The court for the opinion of which a case is stated shall have power, if they think fit, to cause the case to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. An application to send back for amendment a case on appeal under section 2 may be entertained by the court before the day of argument, as there is nothing in the Act to take away the ordinary jurisdiction of the court as to amending special cases. In the particular case it was agreed that the case should go back for amendment, and that each party should be at liberty to submit to the justices any additions which they might think ought to be made. Yorkshire Tyre and Axle Company v. Rotherham Local Board of Health, 4 C. B. (N.s.) 362; 22 J. P. 625. In Hodgson, app., Little, resp., 16 C. B. (N.S.) 202, a case under 20 & 21 Vict. c. 43, was remitted to the magistrates to be amended. The court, however, will not on a mere suggestion by the appellant in the affidavit that there has been misconduct or negligence in drawing a case, send it back to be amended or re-stated, though they may do so if they find the materials to be insufficient. Townsend, app., Read, resp., 4 L. T. (N.s.) 447. 8. The authority and jurisdiction hereby vested in a superior court for the opinion of which a case is stated under this Act shall and may (subject to any rules and orders of such court in relation thereto) be exercised by a judge of such court sitting at chambers, and as well in vacation as in term time. 9. After the decision of the superior court in relation to any case stated for their opinion under court, justices may issue war this Act, the justice or justices in relation to whose Sect. 9. determination the case has been stated, or any other justice or justices of the peace exercising the same jurisdiction, shall have the same authority to enforce rants. any conviction or order, which may have been affirmed, amended, or made by such superior court, as the justice or justices who originally decided the case would have had to enforce his or their determination if the same had not been appealed against; and no action or proceeding whatsover shall be commenced or had against the justice or justices for enforcing such conviction or order by reason of any defect in the same respectively. not to be for proceedings under 10. No writ of certiorari or other writ shall be Certiorari required for the removal of any conviction, order, or required other determination in relation to which a case is stated under this Act, or otherwise, for obtaining the judgment or determination of the superior court on such case under this Act. this Act. courts may make rules for pro 11. The superior courts of law may from time to Superior time, and as often as they shall see occasion, make and alter rules and orders to regulate the practice ceedings. and proceedings in reference to the cases hereinbefore mentioned. In Michaelmas Term, 1857, and again in Hilary Term, Regula rules were made for regulating the practice and proceedings generalis. under 20 & 21 Vict. c. 43. These rules became obsolete, and fresh rules have been passed taking their place, which again have become more or less obsolete. In a case where counsel appeared for the respondent, in a case stated under 20 & 21 Vict. c. 43, the court refused to hear him on account of default in the respondent not having furnished the judges with paper books, and in not having paid to the appellants the cost of the paper books furnished by them on the default of the respondent, in pursuance of Note to Rule 16, Hilary Term, 1853. The court, however, intimated Sect. 11. that counsel for the respondent would be heard on the next crown paper day if the respondent had then complied with the rule. See Hill, app., Thorncroft, resp., 7 Jur. (N.s.) 163; 25 J. P. 262. Costs. "Justices" to include a stipen diary magistrate. Recognizances how to be en forced. The proper place for the delivery of paper books for the judges under Rule 16 of the Practice Rules of Hilary Term, 1853, is the judges chambers; and, therefore, where a party delivered his paper books duly as regards the time for delivery, but ordinarily as regards the place (he delivering them to the judges' clerks at Westminster), the court visited him with the penalty inflicted by the rule making him pay for the copies delivered in his default by the other side. Howell v. Wynne, 8 L. T. (N.S.) 577; 9 Jur. (N.s.) 1041. Evidence and documents set out at length in an appendex to a special case should be numbered in paragraphs pursuant to R. G. Hil. T. 1862, or the costs will not be allowed. Hadley, app., Perks, resp., L. R. 1 Q. B. 445. 12. The words "justice or justices" in this Act shall include a magistrate of the police courts of the metropolis and any stipendiary magistrate. 13. In all cases where conditions, or any of them, in the said recognizance mentioned, shall not have been complied with, the justice or justices who shall have taken the same, or any other justice or justices, shall certify upon the back of the recognizance in what respect the conditions thereof have not been observed, and transmit the same to the clerk of the peace of the county, riding, division, liberty, city, borough, or place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances forfeited at quarter sessions may now by law be enforced, and such certificate shall be deemed sufficient prima facie evidence of the said recognizance having been forfeited: Provided, that where any such recognizances shall have been taken in England before a magistrate of the police courts of the metropolis, or by any stipendiary magistrate, all sums of money in which Sect. 13. any person or persons shall be therein bound may, if the said magistrate shall think fit, be levied, upon such recognizance being forfeited, and on non-payment thereof, together with the costs of the proceedings to enforce such payment, in the same manner as a police magistrate of the metropolis is now empowered to recover any penalty, forfeiture, or sum of money, by section forty-five of an Act passed in the second and third years of the reign of Her present Majesty, intituled "An Act for regulating the Police Courts in the Metropolis," and that all and every 2 & 3 Vict. the provisions and enactments contained in the said section forty-five shall extend to and be applicable to this Act, in as ample a manner as if they had been herein re-enacted and made part of the same. c. 71, s. 45. By 2 & 3 Vict. c. 71, s. 45, it is enacted as follows with Recovery of penalties regard to the recovery of penalties and forfeitures :- and forAll penalties, forfeitures, and other sums of money im- feitures. posed, awarded, or ordered to be paid by any magistrate continued or appointed under the authority of this Act, and all sums of money which any person is bound to pay under any recognizance taken before a magistrate, and afterwards forfeited, in case of non-payment thereof, may be levied, with the costs of such proceedings on non-payment, by distress and sale of the goods and chattels of the offender or person liable to pay the same, by warrant under the hand of such magistrate, and the overplus (if any) of the money so raised or recovered, after discharging with costs the penalty, forfeiture, or sum ordered to be paid, shall be returned on demand, to the party whose goods and chattels shall have been distrained; and in case any such penalty, forfeiture, or sum of money shall not be forthwith paid, it shall be lawful for such magistrate to order the party to be detained in safe custody until return can be conveniently made to such warrant of distress, unless such party shall give security, to the satisfaction of the magistrate, for his appearance at such place and time, not being more than seven days from the time of such detention, as shall be appointed for the return of the warrant of distress, and the magistrate is Note to hereby empowered to take such security by way of recogni Sect. 13. zance or otherwise; but if upon the return of such warrant Appellants under this Act not allowed to appeal to quarter sessions. Extent of it shall appear that no sufficient distress could be had whereupon to levy the said penalty, forfeiture, or sum of money, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of the magistrate, upon the confes sion of the party or otherwise, that he has not sufficient goods and chattels whereupon such penalty, forfeiture, or sum of money could be levied if a warrant of distress should be issued, it shall be lawful for the magistrate, by warrant under his hand, to commit such party to some common gaol or house of correction within his jurisdiction, there to remain for any time not more than one calendar month, where the sum to be paid shall not exceed five pounds, and not more than three calendar months in any case, the imprisonment to cease on payment of the sum due. As to the enforcement of recognizances estreated, see 3 Geo. 4, c. 46, post, p. 191, and 12 & 13 Vict. c. 45, s. 17, post, p. 188. 14. Any person who shall appeal under the provisions of this Act against any determination of a justice or justices of the peace from which he is by law entitled to appeal to the quarter sessions shall be taken to have abandoned such last-mentioned right of appeal, finally and conclusively, and to all intents and purposes. 15. This Act shall not extend to Scotland. |