Summary Jurisdiction Act 1857

JurisdictionUK Non-devolved
Citation1857 c. 43
Anno Regni VICTORI, Britanniarum Regina,Vicesimo & Vicesimo Primo. An Act to improve the Administration of the Law so far as respects summary Proceedings before Justices of the Peace.

(20 & 21 Vict.) C A P. XLIII.

[17th August 1857]

'WHEREAS it is expedient that Provision should be made for obtaining the Opinion of a Superior Court on Questions of Law which arise in the Exercise of Summary Jurisdiction by Justices of the Peace:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-I Interpretation of Terms.

I Interpretation of Terms.

I. In the Interpretation and for the Purposes of this Act, the following Words shall have the Meaning herein-after assigned to them; that is to say,

‘Superior Courts of Law’ shall forEngland mean the Supreme Courts of Law at Westminster , and for Ireland the Supreme Courts at Law at Dublin :

‘Court of Queen's Bench’ shall mean forEngland the Court of Queen's Bench at Westminster , and for Ireland the Court of Queen's Bench at Dublin .

S-II Justices on Application of a Party aggrieved to state a Case for the Opinion of Superior Court.

II Justices on Application of a Party aggrieved to state a Case for the Opinion of Superior Court.

II. After the Hearing and Determination by a Justice or Justices of the Peace of any Information or Complaint which he or they have Power to determine in a summary Way, by any Law now in force or hereafter to be made, either Party to the Proceeding before the said Justice or Justices may, if dissatisfied with the said Determination as being erroneous in point of Law, apply in Writing within Three Days after the same to the said Justice or Justices, to state and sign a Case setting forth the Facts and the Grounds of such Determination, for the Opinion thereon, of One of the Superior Courts of Law to be named by the Party applying; and such Party, herein-after 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 herein-after called the Respondent.

S-III Security and Notice to be given by the Appellant.

III Security and Notice to be given by the Appellant.

III. The Appellant, at the Time of making such Application, and before a Case shall be stated and delivered to him by the Justice or Justices, shall in every Instance enter into a Recognizance, before such Justice or Justices, or any One or more of them, or any other Justice exercising the same Jurisdiction, with or without Surety or Sureties, and in such Sum as to the Justice or Justices shall seem meet, conditioned to prosecute without Delay such Appeal, and to submit to the Judgment of the Superior Court, and pay such Costs as may be awarded by the same; and the Appellant shall at the same Time, and before he shall be entitled to have the Case delivered to him, pay to the Clerk to the said Justice or Justices his Fees for and in respect of the Case and Recognizances, and any other Fees to which such Clerk shall be entitled, which Fees, except such as are already provided for by Law, shall be according to the Schedule to this Act annexed marked (A), until the same shall be ascertained, appointed, and regulated in the Manner prescribed by the Statute Eleventh and TwelfthVictoria , Chapter Forty-three, Section Thirty; and the Appellant, if then in Custody, shall be liberated upon the Recognizance being further conditioned for his Appearance before the same Justice or Justices, or, if that is impracticable, before some other Justice or Justices exercising the same Jurisdiction who shall be then sitting, within Ten Days after the Judgment of the Superior Court shall have been given, to abide such Judgment, unless the...

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