Ontario Weekly Reporter and Index-Digest Volume 6

Ontario Weekly Reporter and Index-Digest Volume 6

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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. 1906 edition. Excerpt: ...with the requirements of law, in that thecondition thereof did not re' quire the Court or Judge to try the appeal (2) That defendant, having 'paid the fine and costs: had submitted to the conviction and barn-d his right of appeal (3) That the Court of General Sessions or the ('hairman thereof had no jurisdiction to adjudicate upon and adjudge the repayment of the fine and costs. ( 4) That the proceeding before the justice of the P920: was not a proceeding under the statutory provisions reqpec 'lnfl summary convictions, but a civil proceeding for the TB covery of damages under 1 Edw. VII. ch. 39, see. 109. and no appeal lay. J. J. Drew, for applicant. W. M. Douglas, K.C., for defendant and for Chairman of Sessions. Madhtanon, J.: --As to the first ground, sec. $80 to) or' the Criminal Code provides that the appellant shall enter into a recognizance in the form 000 " conditioned personally to appear at the said Court and to try such appeal and to abide the judgment of the Court thereupon and to pay such costs as are awarded by the Court," etc. The condition in the recognizance entered into is 0 personally appear at the next General Sessions and enter an appeal, etc., the words "' and try " being omitted after the word "enter," without which, it was urged, the ('hair-man of the General Sessions had no authority to hear the appeal.... Rex v. Geiser, '31 C. L. T. Occ. N. 604, distinguished In the present case a recognizance was entered into, no objection was taken to its suflicieney, the appeal was duly entered and tried, and the conviction of the appellant quashed. The appeal having been entered according to the condition in the recognizance, and the appellant having appeared to...show more

Product details

  • Paperback | 350 pages
  • 189 x 246 x 19mm | 626g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236953495
  • 9781236953490