This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...the Attorney General of Canada, or of any province. Taken from paragraph 5 of the old section 900. Sec. 900. Sec. 764. Application to compel the stating of a case.--Where the justice refuses to state a case, it shall be lawful for the applicant to apply to the court, upon an affidavit of the facts, for a rule calling ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...the Attorney General of Canada, or of any province. Taken from paragraph 5 of the old section 900. Sec. 900. Sec. 764. Application to compel the stating of a case.--Where the justice refuses to state a case, it shall be lawful for the applicant to apply to the court, upon an affidavit of the facts, for a rule calling upon the justice, and a'so upon the respondent, to show cause why such case should not be stated: and such court may make such rule absolute, or discharge the application, with or without payment of costs, as to the court seems meet. 2. The justice upon being served with such rule absolute, shall state a case accord 2nd Edit. Revised.tatutks 1906 Remarks ing!y, upon the appellant entering into such recognizance as hereinbefore provided. Taken from paragraph 6 of the old section 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 mor dify the conviction, order or determination in respect of which the case has been stated, or remit t...
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All Editions of The Criminal Code of Canada and the Canada Evidence ACT; With Their Amendments, Including the Amending Acts of 1900 and 1901, and Extra Appendices Con
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