Where a Magis trate should give mode of appeal. information as to Fresh evidence may be adduced the appeal. a neglect of this caution, and placing too much reliance upon a quotation of the statute, although contained perhaps, in a work of general accuracy and great repute. It is not considered to be a part of the duty of a Magistrate to give a defendant any information with regard to the mode of appealing; but where a defendant is evidently dissatisfied with the decision, and is a poor and ignorant man, it would only be acting a charitable part to explain the necessary particulars, to enable a defendant to avail himself of the privilege of appeal; otherwise he might unwittingly allow the proper opportunity to escape. On the trial of an appeal against a conviction, on the hearing of either party may adduce fresh evidence in addition to, or in the place of, that which was originally offered at the Police Office; so that such additional evidence be within the terms of the notice. And the informant, in his new character of respondent, at the Quarter Sessions, will have to begin and prove his case de novo, as he did in the first instance, upon the hearing of the information, and should be prepared accordingly. The trial of the appeal is thus, in fact, a re-hearing of the merits. Notice of appeal to be given. It is generally required by statutes authorising an appeal, that the defendant should give notice of his intention to appeal, and to enter into recognizances to try such appeal, and abide the order of the Court thereon. The mode of appeal is regulated, in this Colony, by the Act of Council, 5 Will. IV., No. 22. (a) 66 66 (a) S. 3; which enacts, "That in all cases in which any person shall be, or is now entitled to appeal from any judgment or conviction of any Justice or Jus"tices, under or by virtue of any such Act as aforesaid, (and no other mode of proceeding shall have "been, or shall be in that behalf provided,) then, "if such person (in case a pecuniary penalty shall "have been awarded) shall pay into the hands of "the convicting Justice, or one of the convicting "Justices, (as the case may be,) the full amount of The following is a form of notice of appeal against conviction : To A. B., of, &c., (name and addition of respondent Form of Notice or respondents.) Take notice, that I, the undersigned C. D., of, &c., (name and addition of appellant,) do intend to enter and "such penalty, together with the assessed costs and "charges, within one week next after such convic"tion, or (in case no pecuniary penalty shall have "been awarded), shall, within one week next after "the date or time of such judgment or conviction "had, enter into a bond to the convicting Justice or "Justices, to the use of His Majesty, His Heirs, and "Successors, with two sufficient sureties to be ap"proved by such convicting Justice or Justices, con"ditioned to prosecute such appeal with effect, and to "abide the event of the same appeal, and to pay the full amount of all such costs as shall or may on such "appeal be awarded against the appealing party, then "it shall be lawful for such person to appeal from "such judgment or conviction, to the next General "Quarter Sessions, (unless such Sessions shall be "held within six days next ensuing, and in that "case, to the General Quarter Sessions next but one afterwards): Provided, that the matter of every "such appeal shall be heard and determined by the "Justices assembled and meeting at a Court, or ad'journed Court of General Quarter Sessions, holden "at such one of the places, which shall or may be appointed for the holding of General Quarter Sessions, as shall happen to be the place, (or nearest "to the place,) where the judgment or conviction appealed from shall have been had; and the Jus"tices at such Sessions so assembled, shall hear and 'thereupon finally determine the matter of every "such appeal in a summary way, and their judgment "thereon shall be final and conclusive, to all intents 66 66 66 66 66 66 66 66 66 66 purposes, nor shall any writ of certiorari afterwards "be allowed; and such Justices at such Sessions so "assembled, are upon such appeal, hereby authorised "to award in all cases, such costs as to them shall appear proper, to be paid to either party, not exceeding in the whole, the sum of ten pounds, on any one appeal; and in case the appeal shall be "allowed, and the conviction or judgment appealed "from be quashed, then (in cases where a pecuniary penalty was awarded), the whole amount of such penalty, and of the costs and charges aforesaid, "shall be forthwith, on demand, returned to the party so appealing." 66 66 66 f of Appeal against a conviction. The English Act, 12 & 13 Vict. c. 45, requiring grounds of ap peal to be speci fied in notice, not in force in this Colony. 1 Notice of appeal under various statutes; day of prosecute an appeal at the next General Quarter Ses- day of last, at in the said Colony, unlawfully, &c., (here set forth the offence as stated in the record of conviction, a copy of which should be procured from the Magistrate's Clerk for that purpose,) and ordered to pay a penalty of together with the sum of Dated this costs of conviction. day of of our Lord one thousand eight hundred and in the year (Appellant's signature.) A duplicate copy of this notice should be kept for proof of the service at the trial; and should be indorsed with a memorandum of the service. It should not be served by the appellant, as he might not be considered a competent witness to prove the service. In England, it is now required by a recent statute (a) that the defendant should specify in his notice the grounds upon which he intends to appeal. This Act has not yet been adopted in this Colony; but it appears desirable that the provision in question should be enforced here. The object of the statement of the grounds of appeal is for the purpose of enabling the party receiving it to inquire into the subject of it, and, if necessary, to prepare for trial. With regard to the length of notice required to be given, modern statutes vary in their provisions very considerably. Thus under the statutes relating to "Malicious injuries to property," and "Petty larcenies," the notice of appeal is required to be given to the respondents within three days after conviction, and seven clear days before the Quarter Sessions. Under some Acts the notice of appeal is to be given within fourteen days after the conviction, while under other Acts the (a) 12 & 13 Vict., c. 45. notice is to be given fourteen days before any Sessions which may be held within four months after the conviction, unless such Sessions should happen within one month after the conviction, in which case the appeal may be made to the then next following Session. : under various The right to appeal under the more recent Right to appeal statutes varies considerably. Thus, against a statutes. conviction for a common assault under the "Injuries to the person" Act, there is no appeal allowed and the proceedings of Justices, therefore, under that Act, can only be reviewed incidentally by the superior courts. Under the "Petty Larcenies and "Malicious injuries to Property" Acts an appeal is only given when the penalty or forfeiture awarded exceeds five pounds (a), or the imprisonment in default of payment exceeds one month, or when the conviction has been before a single Magistrate. (b) The mode of regulating the recognizance in of the recogthis Colony has been already described. (c) In nizance. this Colony, very many appeals have been defeated by reason of the recognizance not having been properly taken. It is the duty of the Magistrate taking the recognizance to see that it is in due form; otherwise the Court of Quarter Sessions will have no power to entertain the appeal. A general form is given, as follows; and this may be altered to suit the nature of the case, (a) A defendant convicted and sentenced to eleven (b) In this Colony, summary redress for erroneous con- Form of Recog- or to meet the provisions of the particular statute nizance to try ap- under which the conviction has taken place: peal, &c. Of the costs of the appeal and how the same are to be recovered. in the year of our Lord one thousand eight hundred and A. B. (the appellant), of C. D. and E. F. (the sureties), of personally came before me, J. P., Esquire, one of the Justices of our Lady the Queen, assigned to keep the peace within the said Colony, and severally acknowledged themselves to owe to our said Lady the Queen as follows, (that is to say,) the said A. B. the sum of (twenty pounds), and the said C. D. and E. F. the sum of (ten pounds) each, to be made and levied on their respective goods and chattels, lands and tenements, to the use of our said Lady the Queen, Her Heirs and Successors, if default shall be made in the condition hereunder written. THE CONDITION of the above written recognizance is such, that if the above named A. B. shall at the next General Quarter Sessions of the Peace, to be holden at in the said Colony, enter and prosecute with effect an appeal against a certain conviction bearing date the day of instant, and made by me the said Justice, whereby he the said A. B. was convicted of having on the of at day in the said Colony, unlawfully, &c., (here set forth the offence as stated in the conviction,) and ordered to pay a penalty of together with the sum of for the costs of conviction; and further, that if the said A. B. shall abide the event of the same appeal, and duly perform the order of the Court, and pay the full amount of all such costs as shall or may, on the trial of such appeal, be awarded against him, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged before me, (Justice's signature.) It is provided by the 11 & 12 Vict., c. 43, (a) with respect to the costs of the appeal, that if the Court of Quarter Sessions, upon the trial of the appeal, shall order either party to pay the costs, such order shall desire the costs to be paid to the Clerk of the Peace of the county, to be paid over by him to the party entitled to them, and it shall also state within what time such costs shall be paid. The statute further provides, that if the costs are not paid within the time limited for (a) Sect. 27. |