to bring in the body, cannot be granted in vacation by a single Judge at Chambers. (a)

Where an attorney of this Court, practising in an inferior Court has charged, and the Judge has allowed, costs clearly not sanctioned by law, this Court will punish by fine and attachment. (b)

Any Court of Record has power to fine and imprison for contempts, committed in the face of the Court. (c) It seems the commitment may be made sedente curia, by oral command without any warrant made at the time. This proceeds on the ground that there is, in contemplation of law, a record of such commitment, which may be drawn up when necessary. (d)

The 32 & 33 Vic., c. 31, s. 65. et seq, as amended by the 33 Vic., c, 27, provides for appeals in cases of summary convictions.

The Con. Stats. U. C. c. 114, giving an appeal to the Sessions, on conviction of a person in any matter cognizable by a Justice of the Peace, not being a crime, seems to be still in force. The Act only applies to a matter "not being a crime." (e)

The first Statute would seem to regulate appeals from any of the criminal Statutes of Canada. Under the latter, notice of appeal must be given within four days, after the making of the order or conviction complained against, and eight days before the first Court of General Sessions of the Peace, to be held not sooner than twelve days next, after the order decision or conviction. An appeal, under the former Statutes is subject to the following conditions. If the conviction or order he made more than twelve

(a) Rex v. Sheriffs, Niagara, Draper, 343.

(b) Rex v. Whitehead, Taylor, 476.

(c) Armstrong v. M'Caffrey, 1 Hannay, 517.

(d) Ovens v. Taylor, 19 U. C. C. P. 53, per Hagarty, J.

(e) Re Meyers. 23 U. C. Q. B. 613, per Draper, J.; Butt v. Conant, 1 B. &

B. 574.

days, before the sittings of the Court, to which the appeal is given, such appeal shall be made to the then next sittings of such Court; but, if the conviction or order, be made within twelve days of the sittings of such Court, then to the second sittings, next after such conviction or order. The person aggrieved shall give to the prosecutor, or complainant or to the convicting Justice, or one of the convicting Justices for him, a notice in writing of such appeal, within four days after such conviction or order, and the person appealing shall either remain in custody, or give security or in certain cases deposit money as security.

The words, within four days after conviction, exclude the day of conviction. (a)

The person, appealing from a summary conviction by a Justice, must comply with all the conditions, imposed upon him by the Statute, under which he appeals. He must not only give notice within the proper time, but he must also either remain in custody, or enter into the proper recognizance. (b) Where, in the recognizance, the appellant, instead of being bound to appear, and try the appeal, etc., as required by the Act, was bound to appear at the Sessions, to answer any charge that might be made against him, the appeal was dismissed. An application, to take the appellant's recognizance in Court, was refused on the ground that, although the recognizance need not be entered into within four days, it must be entered into, and filed before the sittings of the Court of Quarter Sessions, to which the appeal is made. (c)

It was held, under the former Statutes, that the form of recognizance to try an appeal, given in the schedule to the Con. Stats. Can. c. 103, p. 1130, was sufficient though

(a) Scott v. Dickson, 1 U. C. P. R. 366.
(b) Kent v. Olds, 7 U. C. L. J. 21.
(c) Ib.

the condition differed in form from that provided for by c. 99, s. 117. (a)

Before an appeal can be entertained, it is clearly incumbent on the appellant to shew his right to appeal, by proving compliance with the 33 Vic., c. 27, s. 1, ss. 3, by having remained in custody, or entered into a recognizance. This is a substantial, not a mere technical, objection to the appeal, and is not waived by the respondent asking for a postponement, after the appellant has proved his notice of appeal on the first day of the Court. (b)

A notice of appeal following the form given in the Con. Stats. Can. c. 103, p. 1130, and stating "that the formal conviction drawn up and returned to the Sessions, is not sufficient to support the conviction, etc." is sufficiently particular to allow all objections being raised, which are apparent on the face of the conviction or order. (c)

It appears to be the established practice for the Sessions to hear appeals on the first day, but there is no law compelling them to do so. (d)

One D. M., having been on the 27th of August, 1862, convicted before Justices of the Peace, "for allowing card-playing at his inn, and other disorderly conduct during this year" was fined $20 and costs. On judgment being pronounced, he remarked that he would pay the fine, etc., but he "would see further about it. " On the 30th of August, notice of appeal was given to the prosecutor, and to one of the convicting Justices, and, on the 11th of September, the appeal came on at the Quarter Sessions, when the Court decided that the right to appeal was waived and lost by reason of the plaintiff,

(a) Re Wilson, 23 U. C. Q. B. 301.

(b) Re Meyers, 23 U. C. Q. B. 611.

(c) Helps and Eno, 9 U. C. L. J. 302.

(d) Re Meyers, 23 U. C. Q. B. 614, per Draper, C. J.

having paid the fine and costs. The Court, under these facts held that there was no waiver of the right to appeal, that the statement of the defendant was capable of meaning that he meant to use any remedy that was by law, open to him whether by appeal or otherwise, and as the Act respecting appeals does not require notice of appeal to the convicting Justice, nor provide for a stay of the levy, it might be reasonably inferred that he paid the fine and costs, to prevent the distress and sale, which might have taken place, although he had at the moment of conviction, given the most formal notice of appeal. (a) The Court should rather lean to the hearing of appeals than to dismissing them on technical grounds. (b)

An appeal from a conviction for selling liquor without license, contrary to the (Ont.) 32 Vic., c. 32, must be tried by the chairman of the General Sessions without a jury. (c)

It has been held that, on appeals from summary convictions, under Con. Stats Can., c. 91, s. 37, to the Court of General Sessions of the Peace, the appellant could not, of right, demand that a jury be empanelled to try the appeal, and that it was discretionary with the Court, under c. 99, ss. 117 and 119, to try the appeal or to grant a jury. (d) A trial by jury was warranted by the 13 & 14 Vic., c. 54. (e)

It would appear that, as the law now stands, it is discretionary with the Court to grant a jury at the request of either appellant or respondent. But, if a jury be not so demanded, it is imperative on the Court to try the appeal, and they shall be the absolute Judges, as well of

(a) Re Justices, York, 13 U. C. C. P. 159.

(b) Ib. 162, per Draper, C. J.; Rex v. Justices, Norfolk, 5 B. & A. 992.

(c) See s. 36; Re Brown, 8 C. L. J. N. S. 81.

(d) Gilchen and Eaton, 13 L. C. R. 471; 10 U. C. L. J. 81.

(e) Hespeler and Shaw, 16 U. C. Q. B. 104.

the fact as of the law, in respect to the conviction or decision appealed from. (a)

When the appeal is under the Con. Stats. U. C., c. 114, the Court may, at the request of either party, empannel a jury. (b)

The Court of Quarter Sessions has power to adjourn the hearing of a part-heard appeal to a subsequent Sessions. (c)

The 33 Vic., c. 27, s. 1, ss. 3, declares that the Court shall have power, if necessary, from time to time, by order endorsed on the conviction or order to adjourn the hearing of the appeal from one sittings to another or others of the said Court. An adjournment of the sessions is a continuance of the same sessions or sittings. (d)

It would seem, however, that no recent Statute confers power to adjourn the hearing of an appeal, under the Con. Stats. U. C., c. 114 Under this Statute there is no power of adjournment, and the appeal must be heard at the Court of Quarter Sessions appealed to, for the Act provides that the Court shall, at such sessions, hear and determine the matter of such appeal. (e) Where, therefore, such Court, after proof of entry and notice of the appeal, adjourned the further hearing, by order, until the next sittings, and then made an order quashing the conviction, the orders were quashed. (f) So it is quite clear from the language of this Statute, that the costs of an appeal from a Justice's conviction, as well as the appeal itself, must be determined at the sessions appealed to. (g)

An appeal, dismissed for want of prosecution, may, at

(a) See 32 & 33 Vic., c. 31, s. 66. See also 33 Vic., c. 27, s. 1 ss. 3.

(b) See s. 3.

(c) Reg. v. Guardians, Cam. Union, 7 U. C. L. J. 331.

(d) Rawnsley v. Hutchinson, L. R. 6 Q. B. 305.

(e) Re McCumber, 26 U. C. Q. B. 516, following Reg. v. Belton, 11 Q. B. 379.

(f) Ib.

(g) Reg. v. Murray, 27 U. C. Q. B. 134.