CAP. CXIII. An Act respecting new Trials and Appeals and Writs ER Majesty, by and with the advice and consent of the follows: son, felony or 1. When a person has been convicted of any treason, felony Persons conor misdemeanor, before a Court of Oyer and Terminer, or victed of treaGaol Delivery, or Quarter Sessions, such person may apply for a misdemeanor, new trial upon any point of law or question of fact, in as ample may apply for a a manner as any person may apply to the Superior Courts of to what Court. Common Law for a new trial in a civil action. 20 V. c. 61, s. 1. new trial, and 2. When the conviction takes place at a Court of Oyer To one of the and Terminer or Gaol Delivery, the application shall be to one if convicted at Superior Courts of the Superior Courts of Common Law; but shall not be enter- the Assizes. tained unless made on or before the last day of the first week of the Term next succeeding the Court of Oyer and Terminer or Gaol Delivery at which the conviction takes place. 20 V. c. 61, ss. 1, 3. conviction, the ed 3. In such case if the conviction be affirmed by the Superior If the Superior Court, the person convicted may appeal to the Court of Error Court affirm the and Appeal; Provided the appeal be allowed by the Superior person convictCourt, or by two of the Judges thereof, in term or vacation; may apply But such allowance shall not be granted nor the appeal heard Error and Apexcept within six months after the conviction has been peal. affirmed, unless otherwise ordered by the Court of Error and Appeal. 20 V. c. 61, s. 4. See ante c. 13, s. 29, p. 67. 4. Any rule or order of the Court of Error and Appeal shall Rules or orders be final. 20 V. c. 61, s. 4. of Court of Appeal final. tence of death. 5. In a case of capital felony, no sentence of death shall Delay of exebe passed to take effect until after the expiration of the Term cution of senof the Superior Courts of Common Law next succeeding the sitting of the Court at which the sentence of death is passed. 20 V. c. 61, s. 5,---22 V. c. 9. 6. When the conviction takes place at a Court of Quar- If convicted at ter Sessions, the application for a new trial shall be to such a Court of Court. 20 V. c. 61, s. 1. Quarter Sessions, application to be to that Court. Appeal to the 20 Superior Courts 7. In such case, if the conviction be affirmed, a further appeal shall lie to either of the Superior Courts of Common Law. V. c. 61, s. 2. of Common Law. Case to be stated by the Court appealed from. When and how such case shall 8. In the event of such an Appeal, the Court of Quarter Sessions shall state in a case to be prepared by the Appellant, and approved by the Court, and signed by the Chairman or Recorder, the question or questions of law or fact upon which the new trial was applied for, together with the circumstances upon which the same arose, and the judgment of the Court with the reasons therefor. 20 V. c. 61, s. 2. 9. The case shall be transmitted by the Court of Quarter be transmitted. Sessions to one of the Superior Courts of Common Law on or before the first day of the Term of the Superior Court next after the time when the rule or order appealed from was made. 20 Judgment final. Court to have and determine V. c. 61, s. 2. 10. The judgment of the Superior Court on the appeal from the Quarter Sessions shall be final. 20 V. c. 61, s. 2. GENERAL POWERS. 11. The Court to which an application for a new trial is power to hear made, either in the first place or by way of Appeal, shall have all questions of power to hear and determine the questions of law and fact involved in the application, and shall affirm the conviction or order a new trial, or otherwise, as justice requires. 20 V. c. 61, law, &c. If new trial granted. Court to make order, &c. Court may make rules. Judges to make s. 2. 12. In case a new trial be granted, the same proceedings shall take place as to any future trial or the commitment or bailing of the person convicted, as if no conviction had taken place. 20 V. c. 61, s. 1. 13. In case a new trial be refused, the Court shall make such order for carrying out the sentence already passed, or for passing sentence if none has been passed, or for the discharge of the person so convicted on bail, or otherwise, as 20 V. c. 61, ss. 2, 4. justice requires. 14. The Court may in every case make such other rules and orders as are necessary to carry into effect any judgment pro nounced under this Act. 20 V. c. 61, ss. 2, 3. 15. The Judges of the Superior Courts of Common Law, rules for giving or a majority of them, and the Court of Error and Appeal, res effect to this Act. Writs of Error what Courts issuable. orders as they consider necessary more effectually to carry out the provisions of this Act. 20 V. c. 61, s. 6. 16. When by the Law of England a Writ of Error might on when and from the twenty-fourth day of February, one thousand eight hunIdred and thirty-five, have been sued out of Chancery returnof the Judgment of an Inferior Court of Record, in order to its able in the Court of King's Bench, for removing the Record examination examination upon Errors assigned, each of the Courts of Queen's Bench and Common Pleas in Upper Canada, may in similar cases, and for the like purpose, issue a Writ of Error, which Writ shall run in the name of the Queen, and be tested and returnable like other Writs of the Court. 5 W. 4, c. 2, s. 1. 17. Whenever in a criminal case any Writ of Error has been What judgment brought upon any judgment or any indictment, information, pre- may be prosentment or inquisition, and the Court of Error reverses the Court of Error. judgment, the Court of Error may either pronounce the proper judgment, or remit the record to the Court below, in order that such Court may pronounce the proper judgment upon such indictment, information, presentment or inquisition. 14, 15 V. c. 13, s. 5. 18. In this Act the words "Quarter Sessions," include Interpretation. Recorder's Courts. 20 V. c. 61, s. 2. An Act respecting Appeals in cases of Summary Conviction. ER Majesty, by and with the advice and consent of the follows: in every case 1. In case a person complainant or defendant, thinks Appeal given himself aggrieved by an order, decision or conviction before any where the matJustice or Justices of the Peace, Mayor, or Police Magistrate, ter is not a in any matter cognizable by such Justice or Justices of the Peace, reime. Mayor or Police Magistrate, not being a crime, then in case within four days after the conviction, order or decision, and eight days before the first Quarter Sessions of the Peace, to be held not sooner than twelve days next after such order, decision or conviction, the party aggrieved gives to the other party, or leaves with the convicting Justice for him, a notice in writing of his intention to appeal and of the cause and matter thereof, and in case of an appellant in custody if he either remains in custody until such Sessions, or enters into a recognizance with two sufficient sureties before a Justice of the Peace, conditioned to appear at the said Quarter Sessions, and try such appeal and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded, or in case the appellant be on bail, if he enters into such recognizance as aforesaid, such appellant may appeal to such Court of Quarter Sessions, and such Court shall at such Sessions hear and determine the matter of such appeal, and make such order therein, with or without costs to either party, as to the Court seems meet; and in case Court to hear of the dismissal of the appeal or of the affirmance of the order, and determine decision or conviction, the Court shall order and adjudge the the matter. order, decision or conviction to be enforced and the appellant 1112 to In what case Justice may liberate parties. Jury to be empannelled on the request of either party to appeal. Appeal may be abandoned. such case. to pay such costs as may be awarded, and shall if necessary issue process for enforcing the judgment of the Court. 13, 14 V. c. 54, s. 1. 2. In case a party in custody has given notice of appeal and entered into a recognizance according to the provisions of the foregoing section, then the Justice before whom such recognizance was entered into shall liberate such party. 3. Whenever any appeal is made from the decision, order or conviction of any Justice, Mayor or Police Magistrate, the Court of Quarter Sessions, appealed to, shall, at the request of either appellant or respondent, empannel a Jury to try the matter on which such decision has been made, and shall administer to such Jury the following oath: "You do solemnly swear that you will well and truly try the "matter of the complaint of C. D. against E. F. and a true ver "dict give according to the evidence. So help you God." And the Court on the finding of such Jury shall thereupon give such Judgment as the circumstances of the case require, not however exceeding the amount of penalty or period of imprisonment that might have been imposed or awarded under any law giving cognizance to the convicting Justice, Mayor, or Police Magistrate. 13, 14 V. c. 54, s. 2. 4. Any appellant may abandon his appeal by giving the opposite party notice of such intention in writing six days Proceedings in before the Sessions appealed to, and thereupon the convicting Justice, Mayor or Police Magistrate may tax the respondent's additional costs if any, and add the same to the original costs, and proceed on the original order, decision or conviction, in the same manner as if there had been no appeal thereon. 13, 14 V. c. 54, s. 3. Appeals to lie "Quarter Sessions" to in clude Record er's Courts. 5. An appeal shall lie in like manner from all decisions, orders and convictions made by any Justice of the Peace, or by any person authorized to act in that capacity upon complaints against any person for committing any offence against any By-Law of any Municipal Council. 16 V. c. 178, s. 26. 6. In this Act the words "Quarter Sessions" include Recorder's Courts. CAP. CAP. CXV. An Act respecting the punishment of certain offences, and the Commuting of Sentence of Death in certain. cases. ER Majesty, by and with the advice and consent of the follows: lonious rescue, 1. In case of the conviction of any person for a felonious rescue Persons conor for assaulting with any weapon a Sheriff, or other Peace Offi- victed of a secer, in the execution of his duty; or of perjury; or of fraud; or &c., how pucheating; or conspiracy; or of assisting in or attempting to effect nished. the escape of a prisoner confined for a felony or other crime, whether before or after conviction-the person convicted of any such offence may be sentenced to be imprisoned only, or imprisoned and kept to hard labour, or in solitary confinement in the Common Gaol or House of Correction, for any period less than two years, or may be imprisoned at hard labour in the Penitentiary, for any term not less than two and not exceeding seven years. 7 W. 4, c. 6, s. 1. tence of death. 2. The Governor may commute the Sentence of Death Governor may passed upon any person convicted of a capital crime, other than commute senhigh treason or murder, and with authority from Her Majesty, When in cases upon any person convicted of high treason or murder, to soli- of high treason tary confinement or to confinement with or without hard labour or murder. in the Common Gaol or House of Correction for any period less than two years or in the Penitentiary either during life or for any term of years not less than two years; and an Instrument under the hand and seal of the Governor, declaring such commutation of sentence, shall be sufficient authority to any of Her Majesty's Judges or Justices in Upper Canada, having jurisdiction in such cases, to make such orders, and give such directions, under his hand and seal, as may be requisite for the change of custody of such convict, and for his conduct to and delivery at such Gaol, House of Correction or Penitentiary, and his detention therein, according to the terms on which his sentence has been commuted. 7 W. 4, c. 6, s. 3. CAP. CXVI. An Act respecting Corruption of Blood. ER Majesty, by and with the advice and consent of the follows: 1. Except in cases of High Treason, and of abetting, pro- Except for high curing or counselling the same, an attainder for felony, shall not treason, no a: |