be named by the party applying; and such party, hereinafter called 'the appellant,' shall within three days after receiving such case transmit the same to the Court named in his application, first giving notice in writing of such appeal, with a copy of the case so stated and signed to the other party to the proceeding in which the determination was given, hereinafter called 'the respondent.'"

It will be seen that this enactment applies only to the case of either of the parties being dissatisfied with the determination as being erroneous in point of law. If the dissatisfaction arises from the belief that the justices have come to a wrong decision upon the facts of the case, the remedy will be by an appeal to the quarter sessions, and not by a case stated under this statute. Nor will a case stated under this statute be applicable where the justices below have improperly admitted or rejected evidence, unless indeed such admission or rejection has clearly been decisive of the case: (Reg. v. Macclesfield (Justices of), 2 L. T. 352.)

Application to Justices to state a Case-If it is thought advisable to require a case to be stated under this statute, the appellant must, within three days after the determination, apply in writing to the justices requiring them to state it accordingly.

Service of Notice on the Justices to state a Case. -The notice should be served upon each of the

justices whose determination it purports to object to, by delivering it personally to them, or it would seem, by leaving it at their places of abode though it will almost always occur that their clerk will accept it for them.

The Notice may be in the following Form.

To A. B. and E. D., esquires, two of Her Majesty's justices of the peace, acting in and for the

of

In the matter of a complaint, wherein E. F. was complainant, and I, the undersigned G. H., was defendant, heard before and determined by you at

day of Gentlemen:

on the

I hereby give you notice that, pursuant to the provisions of the statute 20 & 21 Vict. c. 43, entitled "An Act to improve the Administration of the Law so far as respects Summary Proceedings before Justices of the Peace,” I, being dissatisfied with your determination of the said complaint, as being erroneous in point of law, do require you to state and sign a case setting forth the facts and the grounds of your determination upon the hearing of the said complaint, in order that I may take the opinion thereon of the Queen's Bench division (or Common Pleas division, or Exchequer of Pleas division) of Her Majesty's High Court of Justice.

(If it be the complainant who requires a case, the above form can be easily altered.)

Within what Time the Notice is to be given.This request of a case is to be made within three days after the determination, one day being inclusive and the other exclusive; and where the

last of such three days is a Sunday, the notice must be served not later than the previous Saturday, it being too late to serve it on the following Monday: (Peacock v. The Queen, 27 L. J., C. P. 224; 31 L. T. Rep. 101; Pennel v. Uxbridge (Churchwardens of), 5 L. T. Rep. N. S. 685; 31 L. J., M. C. 92; Wynne v. Ronaldson, 12 L. T. Rep. N. S. 711.)

Appellant to enter into a Recognisance.-At the time of making such application, and before the case is to be stated and delivered to the appellant, he is, by sect. 3, to enter into a recognisance before a justice or justices, with or without surety or sureties, and in such sum as the justices shall think fit, conditioned without delay to prosecute such appeal, and to submit to the judgment of the Superior Court, and to pay such costs as may be awarded by the same; but, before he will be entitled to have the case delivered, he will have to pay to the clerk of the justices his fees for and in respect of the said case and recognisance, and any other fees to which he may be entitled. The appellant has the whole of the three days (within which he may require a case to be stated) during which he can enter into his recognisance : (Chapman v. Robinson, 28 L. J., M. C. 30.) The recognisance need not be entered into at the time of making his application for a case, it will be sufficient if entered into at any time before the case is delivered. In Stanhope v. Thorsby (35 L. J., M. C. 182; 14 L. T. 332), the appellant

was convicted on the 3rd of March; he applied for a case on the 6th, and it was delivered to him on the 24th. He entered into his recognisance on the 10th of the same month. Upon an objection taken that the recognisance was entered into too late, the Court held that it was entered into within the period allowed by the

statute.

Refusal of a Case by the Justices.-By sect. 4, if the justices are of opinion that the application is merely frivolous, but not otherwise, they may refuse to state a case; and they are then, on the request of the appellant, to sign and deliver to him a certificate of such refusal. But in such case of refusal the appellant is empowered by sect. 5 to apply to the Queen's Bench, upon affidavit of the facts, for a rule calling upon the justices, and also upon the respondent, to show cause why such case should not be stated, and the Court may make it absolute, or discharge it with or without costs; and then, upon the rule being so made absolute, the justices are to state the case accordingly: (See R. v. Macclesfield, Justices of, ante, p. 131.) This application is properly made to the Queen's Bench Division, and not to the Divisional Court of Appeal: (Ex parte Longbottom, 45 L. J., M. C. 163.)

Statement of the Case.-Under this statute the case is to be stated by the justices themselves. They are not required to set out the evidence of the different witnesses, but they must set forth

the facts in a full and comprehensive manner, so that the Court may have the entire case before them. They must also set forth the grounds of their determination; and should they omit anything which the Court may deem material, the case may be sent back to them to be restated (under sect. 7): (The Yorkshire Tire and Axle Company v. The Rotherham Local Board of Health, 27 L. J., C. P. 235.)

The following may be the Form of the Case. In the Queen's Bench [or Common Pleas,

or Exchequer of Pleas] division of the High Court of Justice.

In the matter of complaint wherein A. B. was complainant and G. H. was defendant.

This is a case stated for the opinion of the

(at

the instance of the defendant), pursuant to the provisions of the 20 & 21 Vict. c. 43.

At a petty sessions of the peace holden in and for the division of in the county of before us the undersigned

day of

justices acting in and for the said

on the

being

in the division

aforesaid, an application for an order of affiliation made by one A. B. against one G. H. whom she alleged to be the putative father of a bastard child, was heard by us, and upon such hearing it was proved (a) And whereas we,

upon the said hearing, being of opinion (b) order that (c)

made an

And hereupon the judgment of the

(a) Here state the facts, carefully setting out the circumstances which gave rise to the objection, and perspicuously stating the objection itself.

(b) Here state the grounds of the judgment.

(c) According to the order.