Accordingly, by section 2 of that statute, it is enacted that After the hearing and determination by a justice or justices of the peace of any information or complaint which he or they have power to determine in a summary way, by any law now in force or hereafter to be made, either party to the proceeding before the said justice or justices, if dissatisfied with the said determination as being erroneous in point of law (b), may apply in writing within three days after the same to the said justice or justices, to state or sign a case setting forth the facts and the grounds of such determination, for the opinion thereon of one of the superior courts of law, to be named by the party applying; and such party, hereinafter called "the appellant," shall, within three days after receiving such case, transmit the same to the court named in his application, first giving notice in writing of such appeal, with a copy of the case so stated and signed, to the other party to the proceeding in which the determination was given hereinafter, called "the respondent." Service of notice on justice to state a case.] The application in writing to the magistrates in this section referred to, should be served upon each of the justices who have determined the matter, by delivering it personally, or by leaving it at their places of residence. The application or notice may be in the following form : To A. B. and C. D. Esqrs. two of her Majesty's justices, practising in and for the county of In the matter of an information (or complaint) wherein E. F. was informant (or complainant) and the undersigned, G. H. was defendant, heard before and determined by you at day of instant. in the I hereby give you notice that, pursuant to the provisions of the 20 & 21 Vic. c. 43, intituled "An Act to Improve the Administration of the Law, so far as respects Summary Proceedings before Justices of the Peace," I, being dissatisfied with your determination of the said information (or complaint), do require you to state and sign a case setting forth the facts and grounds (b) Justices, on a summons for not paying a highway rate, having refused to enforce the payment on the ground that the land assessed was exempt, an appeal was taken under the above section, and the court held it was not a proper mode of proceeding. Walker v. Great Western Railway Company, 29 L. J. M. C. 107; see R. v. Newman, id. 117. of your determination upon the hearing of the said information (or complaint) in order that I may take the opinion thereon of her Majesty's Court of Queen's Bench (or Common Pleas or Exchequer of Pleas). I am, Gentlemen, Dated the Yours, &c., G. H. (Place of abode). day of 18-. In the Queen's Bench (or C. P. or E.) Unless the dissatisfied party applies within three days after the determination to the justices, to state and sign a case, the court above has no power to entertain the matter. Three days notice.] Sunday is to be computed in the three days allowed in this section for an application to justices to state a case, although it be the last day (c). For where an act gives a particular number of days, saying nothing of Sundays, these are consecutive days. Sunday counts as one of them although it is the last day (d). The appellant should therefore apply to the justices on the Saturday, when Sunday appears to be the last of the three days. Persons convicted for selling adulterated articles of food or drink under the 23 & 24 Vic. c. 84, have by section 8 of that statute five days instead of three days to apply to the justices of the peace to state a case. Form of case to be given by J.P.] It may be advisable also to give a form of case to be submitted by the justices upon their receiving the above notice, when they do not consider the application frivolous. (at In the matter of an information (or complaint) wherein A. B. was informant (or complainant) and C. D. defendant. This is a case stated for the opinion of the Court of the instance of the defendant) pursuant to the provisions of an act to improve the administration of the law, so far as respects summary proceedings before justices of the peace (20 & 21 Vic. c. 43). At a petty sessions holden in and for the petty sessions district (c) Peacock, app.; the Queen respondent; 4 Com. B. R. N. S. 264. (d) R. v. Leicestershire Js., 8 Weekly R. 66; Rowberry v. Morgan, 9 Exch. 730. of on the before -, county of day of us, the undersigned justices of the peace acting in and for the said county of, in the petty sessions district aforesaid, one C. D. (the above-named defendant) was charged in and by a certain information (or complaint or summons) for that [here state the subject matter of information, complaint or summons], and the said parties respectively being then present, the charge was duly heard before us, and upon such hearing, we adjudged (or ordered) [state the judgment of the court]. And whereas, the said C. D. hath, pursuant to the provisions of the before-mentioned statute, given us notice and required us to state and sign a case setting forth the facts and grounds of our determination upon the hearing of the said information (or complaint) in order that he might take the opinion of the said Court of Now, we, the said justices, pursuant to the said notice and the provisions of the said statute, do hereby state and sign such case as aforesaid as follows: At the hearing of the said information (or complaint, &c.) it was proved on the part of the informant (or complainant) that, [if the question reserved turns upon the fact, whether or not the evidence brings the case within the operation of the statute upon which the proceedings are founded, or whether or not it renders the defendant legally liable, or is in itself legally admissible, set out so much of it as is necessary to raise the point]. And whereas, it was contended on the part of the defendant [here state the legal objections as taken by the defendant]. And whereas, upon the said hearing, we being of opinion that [here state the grounds upon which the justices decided, as that the evidence brought the case within the operation of the statute; or that it rendered the defendant legally liable under the statute; or that the said evidence was admissible, and they admitted it accordingly] we gave judgment against the defendant as aforesaid. And hereupon the judgment of the court is required as to whether we, the said justices, were correct in point of law in our determination as aforesaid, or as to what should be done in the premises. Given under our hands and seals, this 18-. day of E. F. [Ss.] Amending case.] Where magistrates stated a case for the opinion of the court under the before mentioned section, the court declined, before the case came on for argument, to send it back to be amended (e). But where the justices omitted to set out a material document, which, as appeared by affidavit, was in evidence before them, the court sent the case back for amendment on motion, before the case came on for argument (ƒ). The court will not remit a case to the magistrates to be amended, where the object of such amendment is merely the ascertainment of a question of fact, and not the supplying a defect in the case stated for the purpose of raising a question of law (g). Notice to the respondent.] It will be perceived that the same section also provides that the appellant or party applying is, within three days after receiving such case, to transmit it to the court named in his application, first giving notice in writing of such appeal, with a copy of the case so stated and signed to the respondent. Compliance with this provision of the section is a condition precedent to the court hearing the appeal (h). But if the appellant has done all that he could do to comply with the statute, it is sufficient, although the notice may not actually have reached the respondent; for the authorities decide, that a condition precedent has been held to be complied with, where it was impossible to perform it (i). The provisions contained in the section "that the appellant shall, within three days after receiving the case, transmit the same to the court named," is a condition precedent to the jurisdiction of the court to hear the appeal, and it cannot be waived; and, therefore, where it had not been complied with, the court, notwithstanding strong circumstances shewing waiver, struck out the case (j). The notice to be given to the respondent may be in the following form : To A. B. Notice to the Respondent. Take notice, that I, the undersigned C. D., being the defendant in an information (or complaint) laid against me by you on and heard and determined by E. F. and G. H., Esquires, two of her Majesty's justices of the peace, acting the day of (e) Christie v. Guardians of St. Luke, 27 L. J. M. C. 153. (f) Yorkshire, Tire, &c. Co. v. Rotheram Board of Health, id. 235, C.P. (g) Tottenham v. Nowlan, 9 I. C. L. R. Appx. xxvi. (h) Woodhouse v. Woods, 29 L. J. M. C. 149. (i) Id. (j) Morgan v. Edwards, 29 L. J. M. C. 108. in and for the county of in the petty sessions district of and upon which information (or complaint) I was convicted (or an order was made upon me), have required the said justices, pursuant to the 20 & 21 Vic. c. 43, intituled "An act to improve the administration of the law so far as respects summary proceedings before justices of the peace," to state and sign a case setting forth the facts and grounds of the determination upon the hearing of the said information (or complaint) in order that I might take the opinion of the Court of ; and further take notice, that I have duly entered into recognizance with sufficient sureties [as the case may be] as required by the said statute; and further take notice, that in pursuance of my application to the said justices, they have stated and signed a case for the opinion of the said Court of annexed hereto. a copy of which is Dated, &c. Yours, &c., C. D. Sufficiency of service of notice.] Where the respondent did not appear on the appeal in the court above, it was shewn by affidavit that the respondent not being to be found, that the notice of appeal and the copy of the case stated had been served upon her attorney within three days after the appellant received the case, and that the notice and copy, afterwards and before the hearing of the appeal, came to her hands, and the court held such service a sufficient compliance with the provisions of the act (k) By the 3rd, 4th, 5th, & 6th sections, it is provided that III. Security and notice to be given by the appellant.] The appellant, at the time of making such application, and before a case shall be stated and delivered to him by the justice or justices, shall in every instance enter into a recognizance (1) before such justice or justices, or any one or more of them, or any other justice exercising the same jurisdiction, with or without surety or sureties, and in such sum as to the justice or justices (k) Syred v. Caruthers, 27 L. J. M. C. 273; 8 E. & Bl. 469. (1) This recognizance may be entered into at any time during the three days allowed for applying for a case, and the appellant need not enter into it simultaneously with making the application, Chapman v. Robinson, 28 L. J. M. C. 30. For form of recognizance see post, Appendix, tit. Recognizance. |