Canadian Criminal Cases Annotated Volume 23

Canadian Criminal Cases Annotated Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: or is not made a party to the proceedings. _The exercise of mandamus powers might be appropriate at a later stage if the appeal taken to a Court of inferior jurisdiction were improperly quashed upon an erroneous ruling as to the sufficiency of the notice of appeal. R. v. Trottier, 14 D.L.R. 355, 22 Can. S.C.R. 102, 25 W.L.R. 663. Upon the substantive question of the time for service of a notice of appeal it is submitted that it is a more reasonable construction of Code sec. 750 as amended 1913 to apply the ten days period both to the filing of the notice of appeal and to the service of copies thereof. Paragraph (b) of sec. 750 as reenacted in 1909 provided that the appellant give notice of his intention to appeal by filing, etc., "and serving the respondent or the justice, etc., within ten days after the conviction complained of." The intention of the amendment of 1913 seems to have been to make service necessary on both the respondent and the justice, where before that amendment it was sufficient to serve the one or the other at the option of the appellant. The transposition of the words"in ten days, etc.," is an improvement in the form of the paragraph and the ten-day limitationstill attaches to the service of the respondent and the justice, with a copy of the notice of appeal. As to the other question of the recognizance, paragraph (c) of sec 750 as well as Code form 51 are explicit in including as the conditions of the bond not only that the appellant shall pro secute his appeal but that he shall "abide the judgment of the Court thereupon," and pay costs awarded. The form is a general one so as to be applicable to the various circumstances of a summary conviction, and where the latter inflicts more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236739914
  • 9781236739919