2ND EDIT. REVISED TATUTES 1906 REMARKS ingly, upon the appellant entering into such 900. The case should be so stated as to contain every question to be submitted for the opinion of the court: and it should be signed by the justice. The case should be drawn up by the party asking for it; and a notice of a time and place for settling it should be served; and, when the case has been settled, a copy of it, as settled, together with notice of hearing thereon, should be served on the respondent. The provision, in section 87 of the British Columbia Summary Convictions Act, that the Appellant shall, within three days after receiving the case stated. transmit it to the District Registry, is a condition precedent to the jurisdiction of the Court to hear the appeal. (160) Sec. 900. Sec. 765. Hearing of Case. The Court to which a case is transmitted 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, and 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. 2. No justice who states and delivers a case shall be liable to any costs in respect or by reason of such appeal against his determination. Taken from paragraph of the old section 900. Sec. 900. Sec. 766. Amendment of case. 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. 2. The authority and jurisdiction of the (160) Cooksley v. Nakashiba, 5 Can. Cr. Cas., 111. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 900. 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. Taken from paragraphs 8 and 9 of the old section 900. Sec. 767. Enforcement by justice of confirmed conviction. After the decision of the court in relation to any 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 a case had not been stated. 2. If the court deems it necessary or expedient any order of the court may be enforced by its own process. Taken from paragraphs 10 and 11 of the old section 900. Sec. 900. Sec. 768. No certiorari required. No writ of cer tiorari or other writ shall be required for the removal of any conviction, order or other determination in relation to which a case is stated as aforesaid, for obtaining the judgment or determination of a Superior Court on such case. Taken from paragraph 12 of the old section 900. Sec. 900. Sec. 769. Statement of case precludes appeal. No case to be stated when no appeal allowed. Every person for whom a case is stated as aforesaid in respect of any determination of a justice from which he is entitled to an appea! under section 749, shall be taken to have abandoned his said right of appeal finally and conclusively and to all intents and purposes. 2. Where, by any special Act, it is provided that there shall be no appeal, from any 2ND EDIT.. REVISED STATUTES 1906 REMARKS conviction or order, no proceedings shall be taken to have a case stated or signed as aforesaid in any case to which such provision as to appeal in such special Act àpplies. Taken from paragraphs 14 and 15 of the old section 900. If the point has already been brought before and been decided by the Court, it is res judicata, and will not be again entertained on a case stated. (161) The appellant, by obtaining a case to be stated, elects that mode of appeal and cannot revert to any other mode of appeal. (162) On the quashing of a conviction, costs are given against the prosecutor. (163) Where an appeal, by way of stated case, is abandoned or dropped, costs are ordered against the appellant. (164) FEES. Sec. 871. Sec. 770. Fees of justices or their clerks, of constables and of witnesses. PART XVI. SUMMARY TRIAL OF INDICTABLE OFFENCES. Interpretation. Unchanged. enet 3, post Sec. 782. Sec. 771. Definitions of "Magistrate, a Common gaol', and "Property ".-nannes Part, unless the context otherwise this res, (a) magistrate' means and ice ades, (i) in the provinces of Ontario, Quebec and Manitoba, any recorder, judge of a county court if a justice of the peace, commissioner of police, judge of the sessions of the peace, and police magistrate, district magistrate or other functionary or tribunal, invested by the proper legislative authority with power to do alone such acts as are (161) R. v. St. John, 2 Jur., 46. (162) Cooksley v. Toomaten Oota, 5 Can. Cr. Cas., 26. 2ND EDIT. REVISED STATUTES 1906 REMARKS Se usually required to be done by two or more justices, and acting within the local limits of his or of its jurisdiction, (ii) in the provinces of Nova Scotia. and New Brunswick, any recorder, judge of a county court, stipendiary magistrate or police magistrate, acting within the local limits of his jurisdiction, and any coinmissioner of police and any functionary, tribunal or person invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more justices of the peace, (iii) in the provinces of British Columbia and Prince Edward Island, any two justices sitting together, and any functionary or tribunal having the powers of two justices, (iv) in the province of Saskatchewan or Alberta, a judge of any district court or any two justices or any police magistrate or other functionary or tribunal having the powers of two justices, and acting within the local limits of his or its jurisdiction, (v) in the Northwest Territories, any stipendiary magistrate, any two justices sitting together and any functionary or tribunal having the powers of two justices, (vi) in the Yukon Territory, any judge of the Teritoria! Court, any two justices sitting together and any functionary or tribunal having the powers of two justices, (vii) in all the provinces, where the defendant is charged with any of the offences mentioned in paragraphs (a) and (f) of section seven hundred and seventy-three, any two justices sitting together; 2ND EDIT. REVISED STATUTES 1906 REMARKS (b) the common gaol or other place of confinement,' in the case of any offender whose age at the time of his conviction does not, in the opinion of the magistrate, exceed six.teen years, includes any reformatory prison provided for the reception of juvenile offenders in the province in which the conviction. referred to takes place, and to which by the law of that province the offender may be sent; and, (c) 'property' includes everything within the meaning of "valuable security" as defined by this Act. 2. In any case where the value of any valuable security is necessary to be determined it shall be reckoned in the manner prescribed by section four. Altered as here set forth, and as amended by the 6 and Ed. VII, c. 45, sec. 6). One alteration is the making of the first part of paragraph (v) of subsection (a) of the old section into paragraph (vii) of the new section; while the remainder of paragraph (v) of subsection (a) of the old section is made into a new section, 797, post; which new section provides that when any of the offences mentioned in paragraph (a) or paragraph (f) of section 773, post, is tried in any province, under the present Part, XVI, an appeal lies from a conviction for the offence, in the same manner as from .summary convictions under Part XV, ante, with this exception, that, in the province of Saskatchewan or the province of Alberta, there is no appeal if the conviction be made by a judge of a Superior court. A district magistrate in the province of Quebec may hold a summary trial under this Part, but only for the offences set out in section 773, post, and he does not possess the extended jurisdiction given to police and stipendiary magistrates by section 777, post. (165) A district magistrate in the province of Quebec may hold a "speedy trial" under Part XVIII post; but his jurisdiction in that respect, does not attach until the accused has either been committed for trial at preliminary enquiry, or has been bailed to appeal for trial under section 696, ante. (166) (165) R. v. Breckenridge, 7 Can. Cr. Cas., 116; Que. Jud. Rep., 12 K. B.. 474. (166) Ib. |