Directory_and_Chronicle_1892 — Page 232

On conviction

on indictment,

174

ORDER IN COUNCIL

In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on such terms as seem just.

2.-Criminal Cases.

120. Where any person is convicted otherwise than in a summary way of a crime or offence the Court or Officer trying the case may, if it seems fit, may be reserved. reserve for the consideration of the Supreme Court any question of law

arising on trial.

question of law

On summary

conviction

appeal on

of law to lie,

The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.

121. Where any person is convicted ju a summary way of a crime or cope on point offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.

Postponement of judgment or

execution.

Authority of

122. Where a special case is stated, the Court or Officer stating it shall, as seems fit, either postpone judgment on the conviction, or respite exe.ution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require) at an appointed time and place.

123. The Supreme Court shall hear and determine the matter, Supreme Court. and thereupon shall reverse, affirm, or amend the judgment, conviction. or sentence in question, or set aside the same, and order an entry to be made in the minutes of proceedings to the effect that in the judgment of the Supreme Court the person convicted ought not to have been con- victed, or arrest the judgment, or order judgment to be given at a subsequent sitting of the Court or Officer stating the case,-or inake such other order as justice requires-and shall also give all necessary and proper consequential directions.

Proceedings to be public.

Amendment of special case.

Refusal to state special case on summary 200- viction.

Bules to be

of Supreme

124. The judgment of the Supren e Court shall be delivered in open Court after the public hearing of any argument offered on behalf of the prosecution or of the person convic ed.

125. Before delivering judgment the Supreme Court may, if necessary, cause the special case to be amended by the Court or Officer stating it.

126. If on an application for a special case, on a summary conviction, it seems to the Court or Officer that the application is merely frivolous, but not otherwise, the Court or Officer may refuse to state a case.

A Court or Officer so refusing shall forthith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceedings and notes of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.

The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall, on the aj plication in tl at behalf of the appellant, if made within one month after the refusal of a special cas", proceed to bear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated.

XVII.-RULES OF PROCEDURE.

127. The Judge of the Supreme Court may, from time to time, frame frame by Judge Rules for any purpose for which it is before in this Order expressed or implied that Rules of procedure or practice are to be made, and also for the regulations of procedure and leading, forms or writs, and other pro-

1