provided that the Court or Judge before which or whom the question is raised is, upon perusal of the depositions, satisfied that an offence of the nature described in the conviction, order or warrant, has been committed, over which such Justice has jurisdiction, and that the punishment imposed is not in excess of that which might have been lawfully imposed for the said offence; and any statement which, under this Act or otherwise, would be sufficient if contained in a conviction, shall also be sufficient if contained in an information, summons, order or warrant: Provided that the Court or Judge, where so satisfied as aforesaid, shall, even if the punishment imposed or the order made is in excess of that which might lawfully have been imposed or made, have the like powers in all respects to deal with the case as seems just as are by section eiglft hundred and eighty-three conferred upon the Court to which an appeal is taken under the provisions of section eight hundred and seventy-nine. R.S.C., c. 178, s. 87; 53 V, c. 37, s. 27.

890. Irregularities within the preceding section. The following matters amongst others shall be held to be within the provisions of the next preceding section:

(a.) The statement of the adjudication, or of any other matter or thing, in the past tense instead of in the present;

(b.) The punishment imposed being less than the punishment by law assigned to the offence stated in the conviction or order, or to the offence which appears by the depositions to have been committed;

(c.) The omission to negative circumstances, the existence of which would make the act complained of lawful, whether such circumstances are stated by way of exception or otherwise in the section under which the offence is laid, or are stated in another section.

2. But nothing in this section contained shall be construed to restrict the generality of the wording of the next preceding section. R.S.C., c. 178, s. 88.

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891. Protection of Justice whose conviction is quashed.—If an application is made to quash a conviction or order made by a Justice, on the ground that such Justice has exceeded his jurisdiction. the Court or Judge to which or whom the application is made, may, a condition of quashing the same, if the Court or Judge thinks fit so to do, provide that no action shall be brought against the Justice who made the conviction, or against any officer acting under any warrant issued to enforce such conviction or order. R.S.C., c. 178, s, 89.

892. Condition of hearing motion to quash.—The Court having authority to quash any conviction, order or other proceeding by or before a Justice may prescribe by general order that no mot on to quash any conviction, order or other proceeding by or before a Justice and brought before such Court by certiorari, shall be entertained unless the defendant is shown to have entered into a recognizance with one or more sufficient sureties, before a Justice or

Justices of the county or place within which such conviction or order has been made, or before a Judge or other officer, as may be prescribed by such general order, or to have made a deposit to be prescribed in like manner, with a condition to prosecute such writ of certiorari at his own costs and charges, with effect, without any wilful or affected delay, and, if ordered so to do, to pay the person in whose favour the conviction, order or other proceeding is affirmed, his full costs, and charges to be taxed according to the course of the Court where such conviction, order or proceeding is affirmed. R.S.C., c. 178, s. 90.

893. Imperial Act superseded.-The second section of the Act of the Parliament of the United Kingdom, passed in the fifth year of the reign of His Majesty King George the Second, and chaptered nineteen, shall no longer apply to any conviction, order or other proceeding by or before a Justice in Canada, but the next preceding section of this Act shall be substituted therefor, and the like proceedings may be had for enforcing the condition of a recognizance taken under the said section as might be had for enforcing the condition of a recognizance taken under the said Act of the Parliament of the United Kingdom. R.S.C., c. 178, s. 91.

894. Judicial Notice of Proclamation.-No order, conviction or other proceeding shall be quashed or set aside, and no defendant shall be discharged, by reason of any objection that evidence has not been given of a proclamation or order of the Governor in Council, or of any rules, regulations, or by-laws made by the Governor in Council in pursuance of a statute of Canada, or of the publication of such proclamation, order, rules, regulations or by-laws in the Canada Gazette: but such proclamation, order, rules, regulations and by-laws and the publication thereof shall be judicially noticed. 51 V., c. 45, s. 10.

895. Refusal to quash.—If a motion or rule to quash a conviction, order or other proceeding is refused or discharged, it shall not be necessary to issue a writ of procedendo, but the order of the Court refusing or discharging the application shall be a sufficient authority for the registrar or other officer of the Court forthwith to return the conviction, order and proceedings to the Court or Justice from which or whom they were removed, and for proceedings to be taken thereon for the enforcement thereof, as if a procedendo had issued, which shall forthwith be done. R.S.C., c. 178, s. 93.

896. Conviction not to be set aside in certain cases.-Whenever it appears by the conviction that the defendant has appeared and pleaded, and the merits have been tried, and the defendant has not appealed against the conviction, where an appeal is allowed, or if appealed against, the conviction has been affirmed, such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatever, but the construction shall be such a fair and liberal construction as will be agreeable to the justice of the case. R.S.C., c. 178, s. 94.

897. Order as to costs.—If upon any appeal, the Court trying the appeal orders either party to pay costs, the order shall direct the costs to be paid to the Clerk of the Peace or other proper officer of the Court, to be paid over by him to the person entitled to the same, and shall state within what time the costs shall be paid. R.S.C., c. 178, s. 95.

898. Recovery of costs.-If such costs are not paid within the time so limited, and the person ordered to pay the same has not been bound by any recognizance conditioned to pay such costs, the Clerk of the Peace or his deputy, on application of the person entitled to the costs, or of any person on his behalf, and on payment of any fee to which he is entitled, shall grant to the person so applying, a certificate that the costs have not been paid; and upon production of the certificate to any Justice in and for the same territorial division, such Justice may enforce the payment of the costs by warrant of distress in manner aforesaid, and in defaul of distress may commit the person against whom the warrant has issued in manner hereinbefore mentioned, for any term not exceeding one month unless the amount of the costs and all costs and charges of the distress and also the costs of the commitment and conveying of the party to prison, if the justice thinks fit so to order (the amount thereof being ascer tained and stated in the commitment) are sooner paid. The said certificate shall be in the form PPP and the warrants of distress and commitment in the forms QQQ and RRR respectively in schedule one to this Act. (1) R.S.C., c. 178, s, 96.

899. Abandonment of appeal.-An appellant may abandon his appeal by giving to the opposite party notice in writing of his intention six clear days before the sitting of the Court appealed to, and thereupon the costs of the appeal shall be added to the sum, if any adjudged, against the appellant by the conviction or order, and the Justice shall proceed on the conviction or order as if there had been no appeal. R.S.O. (1887), c. 74, s. 8.

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900. Statement of case by Justice for Review.-In this section the expression" the Court means and includes any Superior Court of criminal jurisdiction for the province in which the proceedings herein referred to are carried on.

2. Any person aggrieved, the prosecutor or complainant as well as the defendant, who desires to question a conviction, order, determination or other proceeding of a Justice under this part, on the ground that it is erroneous in point of law, or is in excess of jurisdiction, may apply to such Justice to state and sign a case setting forth the facts of the case and the grounds on which the proceeding is questioned, and if the Justice declines to state the case, may apply to the Court for an order requiring the case to be stated.

3. The application shall be made and the case stated within such time and in such manner as is, from time to time, directed by rules or orders under section five hundred and thirty-three of this Act.

(1) For forms PPP, QQQ, and RRR, see pp 743, 744, and 745, post.

4. The appellant at the time of making such application, and before a case is stated and delivered to him by the Justice, shall in every instance, enter into a recognizance before such Justice or any other Justice exercising the same jurisdiction, with or without surety or sureties, and in such sum as to the Justice seems meet, conditioned to prosecute his appeal without delay, and to submit to the judgment of the Court and pay such costs as are awarded by the same; and the appellant shall, at the same time, and before he shall be entitled to have the case delivered to him, pay to the Justice such fees as he is entitled to; and the appellant, if then in custody, shall be liberated upon the recognizance being further conditioned for his appearance before the same Justice, or such other Justice as is then sitting, within ten days after the judgment of the Court has been given, to abide such judgment, unless the judgment appealed against is reversed.

5. If the Justice is of opinion that the application is merely frivolous, but not otherwise, he may refuse to state a case, and shall on the request of the applicant sign and deliver to him a certificate of such refusal; provided that the Justice shall not refuse to state a case where the application for that purpose is made to him by or under the direction of Her Majesty's Attorney-General of Canada, or of any province.

6. Where the Justice refuses to state a case, it shall be lawful for the appellant to apply to the Court, upon an affidavit of the facts, for a rule calling upon the Justice, and also upon the respondent, to show cause why such case should not be stated; and such Court may make such rule absolute, or discharge the application, with or without payment of costs, as to the Court seems meet; and the Justice upon being served with such rule absolute, shall state a case accordingly, upon the appellant entering into such recognizance as hereinbefore provided.

7. The Court to which a case is transmitted under the foregoing provisions shall hear and determine the question or questions of law arising thereon, and shall thereupon affirm, reverse or modify the conviction, order or determination in respect of which the case has been stated, or remit the matter to the Justice with the opinion of the Court thereon, snd may make such other order in relation to the matter and such orders as to costs, as to the Court seems fit; and all such orders shall be final and conclusive upon all parties: Provided always, that any Justice who states and delivers a case in pursuance of this section shall not be liable to any costs in respect or by reason of such appeal against his determination.

8. The Court for the opinion of which a case is stated shall have power, if it thinks fit, to cause the case to be sent back for amendment; and thereupon the same shall be amended accordingly, and judgment shall be delivered after it has been amended.

9. The authority and jurisdiction hereby vested in the Court for the opinion of which a case is stated may, subject to any rules and

orders of Court in relation thereto, be exercised by a judge of such Court sitting in chambers, and as well in vacation as in term time.

10. After the decision of the Court in relation to any such case stated for their opinion, the Justice in relation to whose determination the case has been stated, or any other Justice exercising the same jurisdiction, shall have the same authority to enforce any conviction order or determination which has been affirmed, amended or made by such Court as the Justice who originally decided the case would have had to enforce his determination if the same had not been appealed against; and no action or proceeding shall be commenced or had against a Justice for enforcing such conviction, order or determination by reason of any defect in the same.

11. If the Court deems it necessary or expedient any order of the Court may be enforced by its own process.

12. No writ of certiorari or other writ shall be required for the removal of any conviction, order or other determination in relation to which a case is stated under this section or otherwise, for obtaining the judgment or determination of a Superior Court on such case under this section.

13. In all cases where the conditions, or any of them, in any recognizance entered into in pursuance of this section have not been complied with, such recognizance shall be dealt with in like manner as is provided by section eight hundred and seventy-eight with respect to recognizances entered into thereunder.

14. Any person who appeals under the provisions of this section against any determination of a Justice from which he is entitled to an appeal under section eight hundred and seventy-nine of this Act, shall be taken to have abandoned such last mentioned right of appeal finally and conclusively and to all intents and purposes.

15. Where, by any special Act, it is provided that there shall be no appeal from any conviction or order, no proceedings shall be taken under this section in any case to which such provision in such special Act applies. 53 V., c. 37, s. 28.

901. Tender and Payment. -Whenever a warrant of distress has issued against any person, and such person pays or tenders to the peace officer having the execution of the same, the sum or sums in the warrant mentioned, together with the amount of the expenses of the distress up to the time of payment or tender, the peace officer shall cease to execute the same. R.S.C., c. 198, s. 97.

2. Whenever any person is imprisoned for non-payment of any penalty or other sum, he may pay or cause to be paid to the keeper of the prison in which he is imprisoned, the sum in the warrant of commitment mentioned, together with the amount of the costs and charges and expenses therein also mentioned, and the keeper shall receive the same, and shall thereupon discharge the person, if he is in his custody for no other matter. He shall also forthwith pay over