Sect. 29. within one month after the commencement of the then next session of parliament, and shall be judicially noticed.

Power to provide petty sessional court-, house.

As regards this section see 47 & 48 Vict. c. 43, s. 12, post, p. 286.

30. Where the justices in general or quarter sessions assembled or the council of any borough have authority to hire or otherwise provide a fit and proper place for holding petty sessions of the peace, such justices or council shall have power to provide a petty sessional court-house within the meaning of this Act, by the purchase or other acquisition of land and the erection of a proper building thereon; and all enactments relating to the provision of such place and to the raising of the money for defraying the expense of the provision of such place shall apply accordingly.

This section is extended by 47 & 48 Vict. c. 43, s. 8, post. The justices in general or quarter sessions are empowered by 38 & 39 Vict. c. 89, s. 40, to provide a place for holding petty sessions of the peace, and to borrow money for the purpose. By 31 Vict. c. 22, ss. 4, 5, they are empowered to provide a common sessions-house. See note, ante, p. 9.

PART II.

Amendment of Procedure.

Procedure

general or

31. Where any person is authorized [by this Act or Sect. 31. by any future Act] (a) to appeal from the conviction or order of a court of summary jurisdiction to a on appeal to court of general or quarter sessions, he may appeal quarter to such court, subject to the conditions and regulations following:

(1.) The appeal shall be made to the prescribed

court of general or quarter sessions, or if no court is prescribed, to the next practicable court of general or quarter sessions having jurisdiction in the county, borough, or place for which the said court of summary jurisdiction acted, and holden not less than fifteen days after the day on which the decision was given upon which the conviction or order was founded; and (2.) The appellant shall, within the prescribed time, or if no time is prescribed within seven days after the day on which the said decision of the court was given, give notice of appeal by serving on the other party and on the clerk of the said court of summary jurisdiction notice in writing of his intention to appeal, and of the general grounds of such appeal; and

(3.) The appellant shall, within the prescribed time, or if no time is prescribed within

three days after the day on which he gave

(a) The words in italics and within brackets are repealed by 47 & 48 Vict. c. 43, s. 4, post, p. 325.

sessions.

Sect. 31.

notice of appeal, enter into a recognizance before a court of summary jurisdiction, with or without a surety or sureties as that court may direct, conditioned to appear at the said sessions and to try such appeal, and to abide the judgment of the court of appeal thereon, and to pay such costs as may be awarded by the court of appeal, or the appellant may, if the court of summary jurisdiction before whom the appellant appears to enter into a recognizance think it expedient, instead of entering into a recognizance, give such other security, by deposit of money with the clerk of the court of summary jurisdiction or otherwise, as that court deem sufficient; and

(4.) Where the appellant is in custody, the court of summary jurisdiction before whom the appellant appears to enter into a recognizance may, if the court think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody; and

(5.) The court of appeal may adjourn the hearing of the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter, with the opinion of the court of appeal thereon, to a court of summary jurisdiction acting for the same county, borough, or place as the court by whom the conviction or order appealed

against was made, or may make such Sect. 31.
other order in the matter as the court of
appeal may think just, and may by such
order exercise any power which the court
of summary jurisdiction might have exer-
cised, and such order shall have the same
effect, and may be enforced in the same
manner, as if it had been made by the
court of summary jurisdiction. The court
of appeal may also make such order as to
costs to be paid by either party as the
court may think just; and

(6.) Whenever a decision is not confirmed by
the court of appeal, the clerk of the peace
shall send to the clerk of the court of sum-
mary jurisdiction from whose decision the
appeal was made, for entry in his register,
and also indorse on the conviction or
order appealed against, a memorandum of
the decision of the court of appeal, and
whenever any copy or certificate of such
conviction or order is made, a copy of
such memorandum shall be added thereto,
and shall be sufficient evidence of the said
decision in every case where such copy or
certificate would be sufficient evidence of
such conviction or order; and

(7.) Every notice in writing required by this section to be given by an appellant shall be in writing signed by him, or by his agent on his behalf, and may be transmitted as a registered letter by the post in the ordinary way, and shall be deemed to

Sect. 31.

have been served at the time when it would be delivered in the ordinary course of the post.

As to appeals under this section see 47 & 48 Vict. c. 43, s. 6, post, p. 284.

The Act generally known as "Baines' Act," 12 & 13 Vict. c. 45, s. 1, post, enacts that in every case of appeal (except appeals against orders of removal, &c.), to any court of general or quarter sessions of the peace fourteen clear days' notice of appeal shall be given, and such shall be sufficient notice, and shall be 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 in every such notice; and it shall 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 the notice.

The effect of the above sub-section (1) and of the provision of Baines' Act above quoted will be that, if the next sessions are to be held before the fifteenth day after the decision, the appeal cannot be made to those sessions. If the next sessions are to be held on the fifteenth day, and the appellant desires to appeal to those sessions, he must give his notice of appeal on the day on which the decision is given. If the next sessions are to be held on the fifteenth day, or on any day after that, and before the twenty-second day after the decision, he will be able to go either to those sessions or the next following sessions, according as he does or does not give his notice of appeal, so that there shall be fourteen clear days between the day on which he gives it and the day on which those sessions are to be held; but if the next sessions are to be held on or after the twenty-second day after the decision, those will be the only sessions to which the appeal can be made.

Section 23, sub-section (1), ante, p. 223, contains the regulations as to taking security by the deposit of money with the clerk of the court.

Where the notice of appeal is given by an agent on behalf of the appellant, the agent should state himself in the notice to be such agent.

A notice in writing under the Bastardy Act, 8 & 9 Vict. c. 10, s. 4, of the putative father having entered into a recognizance for payment of costs is, since sections 31 and 32