The British Columbia Reports Vol 2 PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...necessary to found jurisdiction in the Inferior Court, appearing in the order of the Inferior Court in question on the motion, may be contradicted. 3. Qrurre, whether the same rule does not now apply to cerliorari and habeas corpw: applications. 4. Qaare, whether it is necessary to found the jurisdiction of a County Court Judge to deal with a su nmary conviction on an appeal to him, that the conviction should be before him, 'since the statutary appeal is in effect a rehearing of the information de nor-0. An objection to the jurisdiction of the County Court Judge that the conviction was not before him, disregarded. MOTION for a writ of prohibition to W. N. BOLE, Esq., Judge of the County Court of New Westminster: --Ah Tim was convicted before two Justices of the Peace at New Westmiiister upon an information, laid and prosecuted by some person whose name did not appear in these proceedings, charging him with gaming, contrary to a By-law of New Westminster, and was fined $50. A notice of appeal to the County Court Judge of New Westminster from this conviction was served upon the Municipal Corporation of New Westminster, who had not appeared, at least eo nomine, as parties to the prosecution. No notice of appeal was served upon the prosecutor, or upon the convicting Justices, as far as appeared, nor, as a. consequence, had the conviction, evidence and proceedings before them been returned before the County Court Judge by the convicting Justices for the purposes of the appeal. The appeal came on to he heard before the County Cohrt Judge, and, no one appearing for the City of New Westminster, the respondents mentioned in the notice of appeal, the learned County Court Judge allowed the appeal, and ordered the costs of the appeal to be paid...