Sched. A. SCHEDULE A. Fees to be taken by Clerks to Justices. For drawing case and copy, where the case does not exceed five folios of ninety words each Where the case exceeds five folios, then for every additional folio For the recognizance to be taken in pursuance of the Act For every enlargement or renewal thereof 1 0 5 0 2 6 QUARTER SESSIONS PROCEDURE. 12 & 13 VICT. CAP. 45. An Act to amend the Procedure in Courts of General WHEREAS, in cases of appeal to courts of general or quarter sessions of the peace, it is expedient that the law should be more uniform: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parlia ment assembled, and by the authority of the same, Uniformity that in every case of appeal (except as hereinafter of time for notice of appeal. Notice of mentioned) to any court of general or quarter sessions of the peace fourteen clear days notice of appeal at least shall be given, and such shall be sufficient notice, any Act or Acts, or any rule or practice of any court or courts, to the contrary notwithstandappeal to be ing; and such notice of appeal shall be in writing, in writing, signed by the person or persons giving the same, or by his, her, or their attorney, on his, her, or their behalf, and the grounds of appeal shall be specified such notice: Provided always, that it shall every not be lawful for the appellant or appellants, on the trial of any such appeal, to go into or give evidence of any other ground of appeal besides those set forth in such notice. and signed. Grounds of appeal to be stated. in Fourteen clear days notice of appeal means that the notice is to be exclusive of the day of giving the notice, and of the first day of the sessions. Reg. v. Middlesex JJ., 2 N. S. C. 73. With reference to this enactment, however, it should be borne in mind that the procedure on appeals to general or quarter sessions has been amended by the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49, s. 31, et seq.), p. 233; and see 47 & 48 Vict. c. 43, s. 6, post, as to such appeals. Note to Sect. 1. affect appeal orders of orders of &c. 2. None of the provisions herein before contained Act not to relating to notices of appeal shall be construed to notices of affect or alter the law as to notice of appeal against against a summary conviction, or against an order of re- removal, moval, or against an order under any statute relating bastardy, to pauper lunatics, or against an order in bastardy, or against any proceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office, but the law with regard to notices of all such appeals shall be deemed and taken to be the same as if the provisions hereinbefore contained had not been enacted. With reference to this section see 42 & 43 Vict. c. 49, s. 53, post, p. 263. statement of grounds of appeal. 3. And whereas a statement of the grounds of Defects in appeal, when required by this or any other statute, is for the purpose of enabling the party receiving it to inquire into the subject of such statement, and, if need be, to prepare for trial: Be it therefore enacted, that upon the hearing of any appeal to any court of general or quarter sessions of the peace no objection on account of any defect in the form of setting forth any ground of appeal shall be allowed, and no objection to the reception of legal evidence offered in support of any ground of appeal shall prevail, unless the court shall be of opinion that such ground of Sect. 3. appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the party receiving the same to inquire into the subject of such statement, and to prepare for trial: Provided always, that in all cases where the court shall be of opinion that any objection to any ground of appeal, or to the reception of evidence in support thereof, ought to prevail, it shall be lawful for such court, if it shall so think fit, to cause any such ground of appeal to be forthwith Amendment amended by some officer of the court, or otherwise, on such terms as to payment of costs to the other party, or postponing the trial to another day in the same sessions or to the next subsequent sessions, or both payment of costs and postponement, as to such court shall appear just and reasonable. of grounds of appeal. Frivolous grounds of appeal. Sessions to have a general power to give costs in all cases of appeal. 4. If in any notice of appeal the appellant or appellants shall have included any ground or grounds of appeal which shall in the opinion of the court determining the appeal be frivolous or vexatious, such appellant or appellants shall be liable, if the court shall so think fit, to pay the whole or any part of the costs incurred by the respondent or respondents in disputing any such ground or grounds of appeal, such costs to be recoverable in the manner hereinafter directed as to the other costs incurred by reason of such appeal. 5. Upon any appeal to any court of general or quarter sessions of the peace the court before whom the same shall be brought may, if it think fit, order or direct the party or parties against whom the same shall be decided to pay to the other party or parties such costs and charges as may to such court appear just and reasonable, such costs to be recoverable in the manner provided for the recovery of costs upon Sect. 5. an appeal against an order or conviction by an Act passed in the twelfth year of Her Majesty's reign, intituled, "An Act to facilitate the Performance of 11 & 12 Vict. the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders." See 11 & 12 Vict. c. 43, s. 27, ante, p. 72. c. 43. 6. And for the more effectual prevention of fri- Frivolous appeals. volous appeals, be it enacted, that any court of general or quarter sessions of the peace, upon proof of notice of any appeal to the same court having been given to the party or parties entitled to receive the same, though such appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same sessions for which such notice was given, order to the party or parties receiving the same such costs and charges as by the said court shall be thought reasonable and just to be paid by the party or parties giving such notice, such costs to be recoverable in the manner last aforesaid. of orders or of justices return to 7. And whereas in many cases, where justices of Amendment the peace are by law empowered to make orders judgments or to give judgments, great expense and frequent on appeal or failures of justice have been occasioned by reason certiorari. that such orders or judgments have, on appeal to the general or quarter sessions of the peace, or on removal by certiorari into the Court of Queen's Bench been quashed or set aside upon exceptions or objections to the form of the order or judgment, irrespective of the truth and merits of the matters in question: For remedy thereof be it enacted, that upon the trial of any appeal to any court of if |