Appendix. sessions next or next but one after such decision shall have been given; and such judgment shall and may be entered accordingly, and shall be of the same affect in all respects as if the same had been given by the court of quarter sessions upon an appeal duly entered and continued. Where a case is stated for the opinion of the Queen's Bench Division, under s. 11, it should contain a statement of the agreement of the parties that judgment in conformity with the decision of that court may be entered at quarter sessions in manner provided by the section (Peterborough v. Thurlby, L. R. 8 Q. B. 586). The court of quarter sessions has no power to state a special case upon an application to enter and respite an appeal. Therefore where justices in sessions ordered an appeal to be entered and respited, subject to a case for the opinion of the superior court, and the question left for such court by the case was whether the sessions were right in making the order, if not, the appeal was to be struck out, the Court of Queen's Bench refused to look at a case reserved on such an order on the ground that their decision would not finally dispose of the appeal (R. v. Sutton Coldfield, L. R. 9 Q. B. 153; 38 J. P. 166; 29 L. T. 840; 43 L. J. M. C. 57; 22 W. R. 324; and R. v. Ashton, 38 J. P. 852). No Certiorari to remove Conviction on which Special Case stated by Sessions. By s. 40 of 42 & 43 Vict. c. 49 (The S. J. Act, 1879), ante, it is provided that no certiorari shall be required "for the removal of any conviction, order, or other determination in relation to which a special case is stated by a court of general or quarter sessions for obtaining the judgment or determination of a superior court." In Clark v. Alderbury Union, 29 W. R. 334; S. C., Clark v. Fisherton Angar (Overseers), 6 Q. B. D. 139; 45 J. P. 358; 50 L. J. M. C. 33 ; 29 W. R. 334, where a case was stated by sessions on a rating appeal, it was held that the clerk of the peace on receiving notice from the solicitor of the party requiring it should send up the case to the Crown Office. Costs in Civil Proceedings on Crown side.-In the same case it was held that where a case is stated by sessions on appeal against a poor rate the proceeding is a civil proceeding on the Crown side of the Queen's Bench Division, and the costs are in the discretion of the court under Order LV. A Criminal Proceeding. But in R. v. Baxendale, 6 Q. B. D. 144; 50 L. J. M. C. 35; 29 W. R. 335, it was held that the court was not able to give costs in criminal proceedings on the Crown side of the Queen's Bench Division on appeal from the sessions. So that when the appeal was from a conviction under the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49), the court was unable to make any order as to costs. rule for a certiorari to bring up an order of justices under s. 158 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), is a civil proceeding on the Crown side of the Queen's Bench Division (R. v. Morris, 31 W. R. 609). Costs cannot be given to a successful applicant for a certiorari (R. v. Parlby, 53 J. P. 774). 12. Arbitration after notice given of appeal to quarter sessions.]-[Recital of 9 Will. 3, c. 15, as to arbitrations.] At any time after notice given of appeal to any court of quarter sessions against any order, rate, or other matter (except 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-office), for which the remedy is by such appeal, it shall be lawful for the parties, by Appendix. 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 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 quarter sessions, and shall and may, on the application of either party, be enrolled among the records of the said court of sessions. 13. Arbitration by order of court of quarter sessions.] It shall be lawful for any court of quarter sessions 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-office) shall be brought, to order, with the consent of the parties or their attornies, that the matter or matters of such appeal be referred to arbitrations to such person or persons, and in such manner and on such terms as the said court shall think reasonable and proper; and the award of the arbitrator or arbitrators, or umpirage of the umpire, may, on motion by either party at the sessions next or next but one after such award or umpirage shall have been finally made and published, or after the decision of the Court of Queen's Bench on any motion for setting aside the same, be entered as the judgment of the court of quarter sessions in the appeal, and shall be as binding and effectual to all intents as if given by the said court. The order may deal with costs. But if it be silent on the matter of costs the arbitrator has no power to award them (West London Extension Railway v. Fulham Union, L. R. 5 Q. B. 361; 39 L. J. Q. B. 178; 22 L. T. 523). In R. v. Middlesex JJ., L. R. 6 Q. B. 220; 40 L. J. M. C. 109; 24 L. T. 131; 19 W. R. 744, it was held that on a reference to an arbitrator under this section, no mention being made of costs, and the appeal being adjourned from sessions to sessions, on the award being made, the subsequent sessions have no power to award any costs, either of the arbitration or of the appeal. But where the costs are in the discretion of the arbitrator the taxation may be after the expiration of the sessions (Southampton Gaslight and Coke Co. v. Southampton, 2 Q. B. D. 371; 41 J. P. 645; 46 L. J. M. C. 238; 36 L. T. 548; 25 W. R. 671). 14. Where reference becomes abortive Queen's Bench may order quarter sessions to hear the appeal.] If upon any reference to arbitration under this Act it shall be made to appear to the Court of Queen's Bench that, either from the death of the arbitrator or arbitrators or umpire, or from any other cause, it has become impossible that an award or umpirage can be made, it shall be lawful for the said court to order the court of quarter sessions of the peace to enter continuances and hear the appeal. 15. [Repealed by Statute Law Revision Act, 1891.] Appendix. 16. Recognizances not to be forfeited by statement of special case or submission to arbitration.] No recognizance entered into pursuant to any statute or statutes for the prosecution and trial of any appeal shall be deemed to be forfeited by such agreement as aforesaid for the statement of a special case without previously going to the court of quarter sessions, or by any submission to arbitration under the provisions of this Act. 17. Recovery of fines, etc., imposed by justices.] And whereas by the Levy of Fines Act, 1822 (3 Geo. 4, c. 46), provision is made for authorising the levying and recovery of fines, issues, amerciaments, and forfeited recognizances set, imposed, lost, or forfeited by or before any justice or justices of the peace in England: And whereas it is expedient that the subsequent proceedings in such cases should be uniform : Be it enacted, that the proceedings subsequent to such authority given for so levying and recovering as aforesaid shall and may be the same in all respects, in the case of such fines, issues, and amerciaments, as are by the said Act provided, permitted, and required in the case of such forfeited recognizances. 18. Enforcement of orders after removal by certiorari.] In all cases where any order shall be made by any court of quarter sessions it shall be lawful for the Court of Queen's Bench, or for any judge of that court at chambers, upon the application of any person entitled to enforce such order, and upon the production of a copy of such order under the hand of the clerk of the peace or his deputy, and upon proof of refusal or neglect to obey such order, to order and direct such order of the court of quarter sessions to be removed into the said Court of Queen's Bench, and thereupon such order shall be of the same force and effect, and may be enforced in the same manner, as a rule made by the said Court of Queen's Bench; and all the reasonable costs and charges attendant upon such application and removal shall be recoverable in like manner as if the same were part of such order. This section does not apply to an order of quarter sessions to abate a nuisance made after the trial of an indictment for the nuisance (R. v. Bateman, 27 L. J. M. C. 95; 8 E. & B. 584; 4 Jur. 301). Where proceedings are taken under this section, objections may be taken to the order on removal. The party affected by it cannot remove it by certiorari, that remedy being taken away; yet if the other party has brought up the order, and seeks to enforce it, the party affected may object to it as had on the face of it (R. v. Hellier, 17 Q. B. 229; 15 J. P. 675; 21 L. J. M. C. 3; 15 Jur. 901; R. v. Hyde, 16 J. P. 67; 21 L. J. M. C. 94; 7 Ell. & Bl. 859; 96 Jur. 337). See also Hawker v. Field, 20 L. J. M. C. 41; 1 Low, Max. & Pol. 606, and note; and R. v. Ely JJ., 5 E. & B. 489; 25 L. J. M. C. 1; 1 Jur. 1017. Where on appeal under the repealed statute Geo. 4, c. 31, for refusing to renew an alehouse licence, the appeal being dismissed and the appellant ordered to pay a sum for costs, it was held that this section gave a remedy for enforcing such order additional to that provided by the Alehouse Act, 1828 (9 Geo. 4, c. 61, s. 27). By s. 19 the Act is not to extend to Scotland or Ireland. STATUTES REFERRED TO IN OR MATERIAL 2. Fines, etc., imposed by any justices shall be certified by them to the clerk of the peace, etc.; who shall copy the same on a roll, together with fines, etc., imposed at quarter sessions, and send a copy of such roll, with writ of " distringas," etc., to the sheriff, etc., as authority for levying such fines, etc. Persons apprehended to be lodged in common gaol.] All fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them (save and except the same shall, by virtue of any Act or Acts of Parliament made or to be made, be otherwise directed to be levied, recovered, appropriated, or disposed of), which shall be set, imposed, lost, or forfeited by or before any justice or justices of the peace in that part of the United Kingdom called England, shall be and are hereby required to be certified by the justice or justices of the peace, by or before whom any such fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them shall be set, imposed, lost, or forfeited, to the clerk of the peace of the county, or town clerk of the city, borough, or place, in writing, containing the names and residences, trade, profession, or calling of the parties, the amount of the sum forfeited by each respectively, and the cause of each forfeiture, signed by such justice or justices of the peace, on or before the ensuing general or quarter sessions of such county, city, borough, or place respectively; and such clerk of the peace or town clerk shall copy on a roll such fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, together with all fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, imposed or forfeited at such court of general or quarter sessions, and shall, within such time as shall be fixed and determined by such court, not exceeding twenty-one days after the adjournment of such court, send a copy of such roll, with a writ of distringas and capias, or fieri facias and capias, according to the form and effect in the schedule marked (A.) annexed to this Act (a), to the sheriff of such county, or the sheriff, bailiff, or officer of such city, (a) By the Queen's Remembrancer Act, 1859 (22 & 23 Vict. c. 21, s. 30), the form of writ in the Schedule to that Act is substituted for the form in Schedule (A.) to this Act. Appendix. Appendix. borough, or place having execution of process therein respectively, as the case may be; which shall be the authority to such sheriff of such county, or the sheriff, bailiff, or officer, as the case may be, for proceeding to the immediate levying and recovering of such fines, issues, amerciaments, forfeited recognizances, sum or sums of money to be paid in lieu or satisfaction of them or any of them, on the goods and chattels of such several persons, or for taking into custody the bodies of such persons, in case sufficient goods and chattels shall not be found whereon distress can be made for recovery thereof; and every person so taken shall be lodged in the common gaol until the next general or quarter sessions of the peace, there to abide the judgment of the said court. 3. Clerk of the peace, etc., to make oath as to fines, etc. Form of oath.] The clerk of the peace or town clerk shall, before he shall deliver the roll to such sheriff, bailiff, or officer, containing the fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, and is hereby required, to make oath before any justice of the peace, for the county, riding, city, borough, or place for which such clerk of the peace or town clerk shall act, which oath shall be indorsed on the back of the writ or of the said roll attached thereto, such clerk of the peace or town clerk stating therein all such fines, issues, amerciaments, forfeited recognizances, sum or sums of money, which shall have been paid or otherwise accounted for; and such oath shall be made in the form following: "I maketh oath, that this roll is truly and carefully made up and examined, and that all fines, issues, amerciaments, recognizances, and forfeitures, which were set, lost, imposed, or forfeited, and in right and due course of law ought to be levied and paid, are, to the best of my knowledge and understanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines as have been paid to or received by me, either in court or otherwise, without any wilful or fraudulent discharge, omission, misnomer, or defect whatever. So help me God." 5. Persons may appeal to quarter sessions against levy of forfeited recognizance, etc., upon giving security.] Provided always, that if any person, on whose goods and chattels such sheriff, bailiff, or officer shall be authorised to levy any such forfeited recognisance or sum of money to be paid in lieu or satisfaction thereof, shall give security to the said sheriff, bailiff, or officer for his appearance at the next general or quarter sessions, then and there to abide the decision of the court, and also to pay such forfeited recognizance or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as shall be ordered and adjudged by the court, it shall be lawful for such sheriff, bailiff, or officer, and he is hereby authorised and required, to discharge such person so giving such security out of custody: Provided also, that in case such party so giving security shall not |