Cox's Magistrates Cases Volume 11

Cox's Magistrates Cases Volume 11

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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. 1880 edition. Excerpt: ...within sect. 4-5, of the Judicature Act 187, and there is an appeal; if not there is no way of reviewing orders of quarter sessions. Even if the jurisdiction of the Queen's Bench was originally only consultative, it is no longer so, for they practically deal with the order of quarter sessions. Thisi= not a " criminal cause or matter " within sect. 47 of the Judicature Act 1873. The Crown has no interest, and there is nothing criminal in the proceedings iu substance, or even in form. This court has entertained an appeal in a case of qua wan-anto: Reg. v. Collins, L. Rep. 2 Q. B. Div. 30. The cases in which the section has been held to apply. Re. v. Steel, 35 L. T. Rep. N. S. 534; L. Rep. 2.B.Div.37; 46L.J.1, M.C.; Reg. v. Fletcher, 35 L. T. Rep. N. S. 533; L. Rep. 2 Q. B. Div. 4.3; as L. J. 4, M. 0., were proceedings on criminal charges. Neville (Boaanquet with him) for the res ndents.--This is not a " judgment or order " 0 the Queen's Bench Division within the meaning of sect. 19 of the Judicature Act 1873, but onl an opinion: Reg. v. Cha/ntrell (33 L. T. ep.. S. 305; L. Rep. 10 Q. B. 587; 4-4 L. J. 16, M. C.), where the practice is fully explained in the judgment of the court delivered by Field, J. 5 Geo. 2, c. 19, s. 3 clearly contem lates that there should be no appeal, and sect. 2 of the Appellate Jurisdiction Act 1376 (39 & 4-0 Vict. c. 59) shows that it was not the intention of the Legislature that an appeal should be given by the J udioature Act. Herschell, Q.C. in reply. Cur. adv. vult. May 18.---The following judgments were deiivered: --Corros, L.J.--This is an ap eal of the overseers of tho poor of Walsall and o the corporation of Walsall against a rule of the Queen's Bench Division, made the more

Product details

  • Paperback | 640 pages
  • 189 x 246 x 33mm | 1,125g
  • United States
  • English
  • black & white illustrations
  • 1236861159
  • 9781236861153