Sect. 7. general or quarter sessions of the peace against any order or judgment made or given by any justice or justices of the peace, or if upon the return to any writ of certiorari any objection shall be made on account of any omission or mistake in the drawing up of such order or judgment, and it shall be shown to the satisfaction of the court that sufficient grounds were in proof before the justice or justices making such order or giving such judgment to have authorized the drawing up thereof free from the said omission or mistake, it shall be lawful for the court, upon such terms as to payment of costs as it shall think fit, to amend such order or judgment, and to adjudicate thereupon as if no such omission or mistake had existed: Provided always, that no objection on account of any omission or mistake in any such order or judgment brought up upon a return to a writ of certiorari shall be allowed unless such omis. to state ob- sion or mistake shall have been specified in the rule for issuing such certiorari. Rule for certiorari jections. Amendment of recognizances. If an adjudication be wrong in point of substance, the order cannot be amended under 12 & 13 Vict. c. 45, s. 7. Reg. v. Tomlinson, L. R. 8 Q. B. 12. 8. And whereas the statutes giving a right of appeal against orders or summary convictions frequently require a recognizance or recognizances to be entered into as a condition of such appeal, and appellants are liable to be prevented from trying their appeals upon the merits, in consequence of imperfections in the taking of such recognizances: Be it enacted, that where any recognizance or recognizances which shall have been entered into within the time by law required before any justice or justices for the purpose of complying with any such condition of appeal shall appear to the court before Sect. 8. which such appeal is brought to have been insufficiently entered into, or to be otherwise defective or invalid, it shall be lawful for such court, if it shall so think fit, to permit the substitution of a new and sufficient recognizance or new and sufficient recognizances to be entered into before such court in the place of such insufficient, defective, or invalid recognizance or recognizances, and for that purpose to allow such time, and make such examination, and impose such terms as to payment of costs to the respondent or respondents, as to such court shall appear just and reasonable; and such substituted recognizance or recognizances shall be as valid and effectual to all intents and purposes as if the same had been duly entered into at any earlier time or times as required by any statute or statutes for that purpose. sessions, 9. The decisions of the court of general or quarter Decisions of sessions of the peace upon the hearing of any appeal, when final. as to the sufficiency of the statement of any ground or grounds of appeal, and as to the amending or refusing to amend any order or judgment of a justice or justices appealed against, or the statement of any ground or grounds of appeal, and as to the substitution of any new recognizance or recognizances as aforesaid, shall be final, and shall not be liable to be reviewed in any court, by means of a writ of certiorari or mandamus, or otherwise. An appeal from a divisional court, in which court a case stated by quarter sessions for the opinion of that court, has been decided cannot be carried further to the court of appeal without leave of the divisional court first obtained. Hinton v. Swindon New Town Local Board, 44 J. P. 505. Sect. 10. Amendment of indict ment. the 10. Every court of general or quarter sessions of peace, on the trial of any offence within its jurisdiction, whenever any variance or variances shall appear between any matter in writing or in print produced in evidence and the recital or setting forth thereof in the indictment, shall have the same power in all respects to cause the indictment to be amended which is given to courts of oyer and terminer and general gaol delivery with regard to offences tried before such last-mentioned courts by 11 & 12 Vict. virtue of an Act of the twelfth year of Her Majesty's reign, intituled, "An Act for the Removal of Defects in the Administration of Criminal Justice;" and after such amendment the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise as if no such variance or variances had appeared. c. 46. Power to state a 11. At any time after notice given of appeal to special case any court of general or quarter sessions of the peace without going to the against any judgment, order, rate, or other matter, previously. (except an order in bastardy, or a proceeding under sessions or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office,) for which the remedy is by such appeal, it shall be lawful for the parties, by consent, and by order of any judge of one of the superior courts of common law at Westminster, to state the facts of the case in the form of a special case for the opinion of such superior court, and to agree that a judgment in conformity with the decision of such court, and for such costs as such court shall adjudge, may be entered on motion by either party at the sessions next or next but one Sect. 11. after such decision shall have been given; and such judgment shall and may be entered accordingly, and shall be of the same effect in all respects as if the same had been given by the court of general or quarter sessions upon an appeal duly entered and continued. The court will not take cognizance of facts stated in a case, or give any opinion upon a question reserved by a court of quarter sessions, if the sessions have not made an order either confirming or reversing the decision appealed against. Reg. v. Sutton Coldfield, W. N. 1874, p. 29; L. R. 9 Q. B. 153. A case stated for the opinion of the Queen's Bench Division, under s. 11 of 12 & 13 Vict. c. 45, should contain a statement of the agreement of the parties that judgment, in conformity with the decision of the court, may be entered at quarter sèssions in the manner provided by the section. Peterborough v. Thurlby, L. R. 8 Q. B. D. 586. to arbitra 9 & 10 Will. 12. And whereas by a statute passed in the tenth References year of King William the Third, intituled, "An Act tion. for determining Differences by Arbitration," pro- 3, c. 15. vision was made for rendering more effectual the awards of arbitrators in the case of controversies and disputes for which there is no other remedy but by personal action or by suit in equity: And whereas it is expedient in like manner to facilitate and render more effectual references to arbitration of controversies and disputes for which the remedy is by appeal to a court of general or quarter sessions of the peace Be it enacted, that at any time after notice given of appeal to any court of general or quarter sessions of the peace against any order, rate, or other matter, (except a summary conviction, or an order in bastardy, or any proceeding under Sect. 12. or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office,) for which the remedy is by such appeal, it shall be lawful for the parties, by themselves or their attornies, and by order of a judge of Her Majesty's Court of Queen's Bench, to submit the matter or matters of such appeal to the award or umpirage of any person or persons, and to agree that such submission should be made a rule of the said Court of Queen's Bench, and to insert such agreement in their submission or the condition of the bond or promise whereby they oblige themselves respectively to submit to the award or umpirage of such person or persons; and thereupon such and the like proceedings in all respects shall and may be taken with regard to submissions under this Act, and to enforcing awards or umpirages thereupon, and to setting aside the same, as are authorized by the said Act of King William the Third with regard to the cases therein provided for; and every award or umpirage duly made under this Act shall be as binding and effectual to all intents as if the same had been a regular judgment of the said court of general or quarter sessions, and shall and may, on the application of either party, be enrolled among the records of the said court of sessions. References by order sessions. See 9 Will. 4, c. 15, post, p. 190. 13. It shall be lawful for any court of general or of court of quarter sessions of the peace before which any appeal (except against a summary conviction, or an order in bastardy, or 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 |