The Practice On the Crown Side of the Kings Bench Division of His Majestys Hig

Cover The Practice On the Crown Side of the Kings Bench Division of His Majestys Hig
The Practice On the Crown Side of the Kings Bench Division of His Majestys Hig
Frederick Hugh Short
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Summary Jurisdiction Act, 1879, s. 33 (1), ante, p. 417, n. ( 4 ).
( 10 ) It. V. Shicl, 16 T. L. R. 349 ; 82 L. T. 587.
E E 2 424 APPEALS FROM INFERIOR COURTS.
[ 0. Lix. In a case where justices had dismissed an information for an • -* assault, and refused to state a case on the ground thai the appli- cation was frivolous, the Court held that there was a poinl of law as to the legality of the assault, and made the rule absolute with costs against the justices ( l ). Where a police magistrate ha
...d declined to state a case on the ground that no point of law had arisen in the case, the Court directed him to state a case ( 2 ).
The right of appeal to quarter sessions given by statute does not take away the jurisdiction of the magistrates to state a case under the Summary Jurisdiction Acts ( 3 ). But the Eigh Court, on an application against justices to slate a case, in such a case have a discretion, especially where nothing can be gained ( 4 ).
Justices cannot refuse to state a case on a point which, though not formally raised before them, goes to the root of the whole matter, and must have been considered in determining the case ( 5 ).


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