Justices of the Peace (Appeals) Act

Link to law: http://www.moj.gov.jm/laws/justices-peace-appeals-act
Published: 1857-01-01

JUSTICES OF THE PEACE (APPEALS) I

THE JUSTICES OF THE PEACE (APPEALS) ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.

A s to Righi and Time of Apped and Advice thereof by Jutices
3. Right of appeal.
4. Extent thereof.
5. Illiterate persons to be informed of their right of appeal.

As to Notice, Recognizance, Grortnds of Appeal Service. etc.
6. Notice of Appeal.
7.
8. Service of notice.
9. Service of notice (conid.).

10. Service of notice of appeal.
11. Form of notice of appeal.
12. Appellant need not serve notice of grounds of appeal in certain

13. Appellant must enter into recognizance.
14. Appellant under disability.
15. Who may take recognizance of appeal.

Minute of verbal notice to be made by Clerk, etc.

cases.

As to Admission of Sureties, und Justification by them, etc.
16. Sufficiency of sureties.

Stay of Execution
17. Execution to be stayed on recognizance being entered into.

Delivery of Certified Copies of Evidence; Listing of Appeals:
Summonses for Witnesses; Penalty for Non-Attendance

IS. Clerks of Resident Magistrates’ Courts to supply certified copies

19. Certified copies of evidence for Court.
20. Clerk of Court to make out list of appeals.
?I . Summonses to witnesses.

of evidence, etc.

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2 JUSTZCES OF THE PEACE [APPEALI;)

Tfie Appeal Court, Time o{ Hearing and when Appeal
Not to be Heard

22. Circuit Court to be Appeal Court
23. How and when appeals shall be heard.
24. No appeal to be heard unless notice given, etc.
25. If notice and grounds of appeal not served, and ncogniZanCe

not entered into, right of appeal to cease.

Pructice and course of Procedure. Powers of Court.
costs

26. Construction of Act.
27. Costs where appeal abandoned.
28. Reference back to Justices.
29. Rules of practice in Appeal Court.
30. Proof of service of notice. etc.
31. Defects of form, etc., may be amended.
32. No proceeding to be set aside for want of form.
33. Where recognizance informal, new recognizance may be entered

34. Evidence at hearing of appeal.
35. Appellate Court may administer an oath
36. Power to reduce sentence passed in Petty Sessions.
37. Power to dismiss appeai.
38. costs.
39. Power to adjourn.

into.

Proceedings if Decision Afirmed or Reversed:
Simple Dismissal of Appeal

40. Judgment on Appeal.
41. How judgments to be enforced.
42. Payment of amount by appellant declared satisfaction.
43. Limitation of imprisonment of surety.
44. Proceedings upon reversal of judgment
45. Dismissal of appeal.

Punishment for Contempt

46. Punishment for Contempt.

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JUSTICES OF T H E PEACE (APPEALS) 3

Where Appeal will not lie

47. No appeal where party has assented to judgment.
48. Nor where judgment has gone by default.

Proceedings for Transmission of Case for obtaining Opinion
of the Court of Appeal and subsequent Proceedings

49.
50, Either party may apply for case for opinion of Court of

51. Appellant before case stated must enter into recognizance. etc.
52. Justices may refuse to state case. Exception.
53. Remedy if refusal.
54. Proceedings in Court of Appeal.
55. Case submitted may be sent back for amendment.
56. Decision of Court of Appeal may be enforced by the original

57. No writ of certiorari necessary to remove judgment into

58. Proceedings on forfeited recognizance.
59. Right of appeal to Circuit Court considered abandoned when

Justice may state case for opinion of Court of Appeal.

jurisdiction.

Court of Appeal.

case required to be stated.

Appeal from Dismissal

60. Appeal from dismissal: powers of Judge.

Recovery o f Penalties

61. How penalties to be recovered.

Rules of Court
62. Rules of court.

Miscellaneous Provisions

63.
64. Power of amendment.
65.

Writs of disiringm and capias under scction 40.

No judgment to be reversed unless the point raised at the trial
or injustice caused.

SCHEDULE-FORMS

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JUSTICES OF T H E PEACE (APPEALS) 5

THE JUSTICES OF THE PEACE (APPEALS) ACT cap.167.

11857.1

1. This Act may be cited as the Justices of the Peace Shorttitle
(Appeals) Act.

2. In this Act- Intcrpreta-
l ion

“appellant” means the party to any proceeding within the
meaning of this Act who shall give notice of appeal
from any judgment, decision, or report, or shall require
to have a case stated for the opinion of the Court of
Appeal thereon as herein provided;

“respondent” means the opposite party to any such pro-
ceeding; and

“judgment” means any conviction, judgment, order, or
other affirmative adjudication, or any dismissal of, or
refusal to hear or adjudicate on any complaint, in-
formation, or suinmons in a matter of summary juris-
diction.

As to Right and Time of Appeal and Advice thereof by
Justices

3. Any person aggrieved or affected by any judgment Rightof
of any Justice exercising summary jurisdiction, or by the
decision or report of any other officer or body taking any
proceeding, or acting under any enactment either now or
hereafter to be in force in this Island whereby the right of
appeal is or shall be allowed, shall be at liberty to appeal
therefrom to the Circuit Court of the parish in which such
judgment shall be pronounced, or to a Judge of the
Supreme Court, as hereinafter respectively provided.

appeal.

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6 JUSTICES OF THE PEACE (APPEALS)

4. The right of appeal shall extend to all enactments
already or to be hereafter passed giving summary jurisdiction
to Justices, or any other officer or body, unless where other-
wise expressly provided.

5. The Justice, or other officer or body, whenever the
person adjudicated against shall appear to be ignorant
thereof, shall instruct him of his right of appeal, and the
Clerk of the Courts shall, whenever required, furnish to
any appellant the necessary notice and recognizance of
appeal.

As to Notice, Recognizance, Grounds of Appeal
Service, etc.

6. The appellant shall, either during the sitting of the
Court or other tribunal at which such judgment, decision,
or report as aforesaid is delivered give verbal notice of
appeal or at any time within fourteen days after such
judgment, decision, or report delivered give a written notice
of his intention to appeal to the adjudicating Justice, or
other officer or body as aforesaid, and to the respondent;
and in either case shall, within such period of fourteen
days, deIiver to the Clerk of the Resident Magistrate’s
Court or other proper officer, and also to the respondents,
the grounds in writing of his appeal :

Provided, that the time shall not commence to run in the
case of an affirmative judgment until the copy of the con-
viction, order, or adjudication shall have been drawn up
and be ready for delivery to the appellant.

7. Whenever a verbal notice of appeal shall be given
the Clerk of the Resident Magistrate’s Court or other
proper officer, shall make a minute thereof; which shall
operate as a notice of appeal to the Justices, or other body
or officer before whom the proceeding shall be held, or
take place, and also to the respondent, if present in person
or by solicitor or agent; and if not so present. notice of

W e inclusion of this page 1s authorized by L N 480119731

Eslcnt
ihercof.

b e informed
of their
right of
appeal.

Noticc of
ameal.

hlinuts of
vrrba!
noticc to be
made by
Clerk. etc.

JUSTICES OF T H E PEACE (APPEALS)

appeal shall be served in writing, as herein provided in
other cases, on the respondent, within the before limited
period of fourteen days after the judgment, decision or
report shall be made.

7

8. Where the respondent has appeared by solicitor or Seryict of
agent, it shall be sufficient to serve such solicitor or agent nnt'ce-
with the notice and grounds of appeal herein required; and
in every other case service thereof may be made personally
on the respondent, or at his usual place of residence or
business.

9. In case of the death of the respondent, or of his Scrviccof
notice absence from the Island, the service of the notice anrl Iro,trd,).

grounds of appeal respectively herein required shall be
made upon his representative, in like manner, and within
the like time, as it is herein directed to be made upon the
respondent; and in case of the respondent or his represent-
ative being out of the jurisdiction of the Circuit Court of
the parish, or in case of the respondent being absent, or
dead, and there being no representative, copies of the
notice and grounds of appeal respectively herein required
shall be posted on the door of the Court House of the
parish wherein the decision was made, and within the time
herein limited for service as aforesaid :

Provided, that the destruction, obliteration, or taking
down of any such posted copy by any other person than the
appellant or his agent, or any person acting with his privity
or assent, shall not prejudice the appellant.

dent Magistrate's Court or of the Justices shall be suficient
notice to the Justices who have adjudicated.

11. It shall not be necessary to state in any written notice F~~ ,f
of appeal that the appellant is aggrieved by the decision ;;Ezl,of
appealed against; and every notice of appeal shall be

10. Service of notice of appeal on the Clerk of the Resi- service of

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JUSTICES OF T H E PEACE (APPEALS)

sufficiently signed, if signed by or on behalf of the appel-
lant, either with his name or mark, or with the name of
his solicitor, but if signed with his mark, such signature
shall be attested by a subscribing witness.

Appellant 12. When notice of appeal is given, it shall not be
rervcnotice necessary for the appellant to serve any grounds of appeal
o d , ~ ~ ~ ~ ~ with respect to objects apparent on the face of the pro-
lIICertain ceedings, or of the evidence; and the provisions of this Act

shall only be obligatory when the grounds of appeal are
not so apparent.

nced no1

cases.

ADC-ellant

illto ,ecog.
nizance.

13. To entitle any person aggrieved or affected thereby
to appeal from any judgment, decision, or report as afore-
said, the appellant shall, within fourteen days as herein-
before provided for the giving of notice of appeal, enter
into a recognizance, with one or more sufficient surety or
sureties, in a sum sufficient in the case of a judgment
inflicting a penalty or awarding a sum of money or costs
to cover the penalty or sum awarded and costs, and in a
further sum of six dollars for the costs of appeal, if any
shall be adjudged; and in the case of a judgment of dis-
missal or refusal to adjudicate, in a sum sufficient to cover
the costs of dismissal, if any, awarded, and a further sum
of six dollars for the costs of appeal in case costs of appeal
shall be adjudged; and such recognizance shall be condi-
tioned for the due prosecution of the appeal according to
the provisions of this Act, and that the appellant do
perform and obey all and every the judgments, orders, and
determinations of the Circuit Court or Judge to be made in
the matter; and in case the judgment appealed from shall
be affirmed, then that he do pay the amount of the penalty
or sum of money adjudged, together with all costs, as well
of the judgment appealed from, as of the Circuit Court, at
such time as the said Circuit Court or Judge shall direct;
and where the appellant shall have been adjudged to
imprisonment in the first instance, the condition of the

must enter

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JUSTICES OF THE PEACE (APPEALS)

recognizance in such case shall be that the appellant do
surrender himself into custody forthwith, to undergo the
term of imprisonment adjudged, and that he do pay all
costs to be adjudged as aforesaid by the Circuit Court or
Judge, in case of the judgment appealed from being
affirmed.

9

14. Where an appellant may be under legal disability Appellant
the recognizance of appeal of his surety or sureties shall disability, under
be sufficient.

15. Any Justice for the parish in which the judgment, Whomay
decision, or report intended to be appealed from shall be take recog-
made, or for the parish in which the appellant or his surety
resides, may take the recognizance of appeal hereby
required.

As to Admission of Sureties, and Justification by
them, etc.

the names of his intended sureties, and of the time and
place of entering into recognizance; and it shall be lawful
for any Justice taking any recognizance under this Act
to determine any objection which may be raised by the
respondent to the sufficiency of any surety or sureties that
may be tendered, and to require, in case of the Justice
being satisfied of the insufficiency of the surety or sureties
named, that another surety or sureties shall be tendered;
and in every case it shall be the duty of any Justice taking
a recognizance under this Act to require every surety
offering himself, or tendered by the appellant, to justify
on oath, which oath such Justice is hereby authorized and
required to administer, in the Form A in the Schedule; Schedule
and every such oath shall be written upon the recogniz- FomA.
ance; and no surety shall be accepted who shall refuse or
decIine to justify as is hereby required; and if any surety
shall wilfully and corruptly make a false oath touching or

16. The appellant shall give to the respondent notice of Sufficiency
of sureties.

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10 JUSTICES OF THE PEACE (APPEAL3

upon any such justification, and shall thereof be convicted,
such surety shall be deemed guilty of perjury, and shall be
liable to and be punished with the penalties imposed on
persons guilty of wilful and corrupt perjury.

Stay of Execution
Erccutlon 17. When notice of appeal has been duly given and
on recog. served and the recognizance has been entered into as herein
n l~ance required, execution or further proceedings shall be stayed
entered in the matter appealed against; and if the appellant be in

custody, he shall be liberated until the judgment of the
Circuit Court or Judge shall be given, or unless cr until
the appeal shall be withdrawn or not proceeded with by
the appellant, on production of a certificate from the Clerk
of the Appeal Court that the necessary notice and recogniz-
ance have been respectively given and entered into:

Provided, that in case of the affirmation of the judgment
appealed from, any imprisonment which may havc been
undergone before liberation as last aforesaid shall be
reckoned as part of the imprisonment under such judgment.

Delivery of Certified Copies of Evidence; Listing of Appeals;
Summonses for Witnesses; Penalty for Non-Attendance

Clerks of 18. The Clerk of every Resident Magistrate’s Court, and
Restdent in all other cases where the right of appeal is or shall be
Courtsto given the proper officer or party (the legal fees, if any, of
supply
cert,rled such other proper officer or party being first paid or

to be stayed

being

Into

hfagistrares’

copes of
evidence.
C t C .

Certified
copies of
evidcnce,
for court.

tendered) shall iespectively, under -the penalty of forty
dollars for each neglect, to be recovered in a summary
manner, supply to every party applying for the same a
certified copy of the evidence taken, proceedings had, and
decision made, in the matter of appeal.

19. The Clerk of every Resident Magistrate’s Court and
in all other cases where the right of appeal is or dial1 be
given the proper officer or party shall make up and certify
the originals or copies of all original documents, also a

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3USTlCES OF THE PEACE (APPEALS)

copy of the evidence taken, proceedings had, and decision
made, in every matter of appeal, for the use of the Judge
of the Appeal Court, not lat.er than fourteen days after the
delivery of such judgment, order, or report appealed from.

Any clerk, proper oEcer or party neglecting to comply
with the provisions of this section shall be liable to a
penalty of forty dollars for each neglect, to be recovered
in a summary manner.

11

20. The Clerk of the Court shall, on the first day of the Clsrkof
sitting of the Circuit Court at which any appeal is to be makeout
brought on, make out a list of all appeals for hearing at $:Ls,
such Court, and shall on such day deliver to the Judge of
the Court such list, together with the certified documents,
or copies of documents, and copies of evidence, pro-
ceedings had, and decisions made, in every such matter of
appeal, and grounds of appeal.

Court to

21. Either party to the proceedings appealed from may sum-
obtain from the Clerk of the Court, who shall have ~~~~~$
authority to sign the same, summonses for witnesses, with
or without a clause requiring the production of books and
documents in their respective possession or control; and
in any such summonses any number of names may be
inserted; and every person on whom any such summons,
or any copy thereof, although containing his name only,
shall be served, and to whom at the same time payment or
a tender of payment of his expenses shall have been made
on the scale established with regard to witnesses subpcenaed
to attend any Circuit Court and who shall refuse or neglect
without sufficient cause to appear, or if appearing, to give
evidence, or to produce any books or documents required
by such summons to be produced, and also every person
present in Court who shall be required to give evidence and
who shall refuse to be sworn or to give evidence, or shall

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12 JUSTICES OF THE PEACE (APPEALS)

wilfully prevaricate, shall be liable respectively to be com-
mitted to jail by the Appeal Court or Judge for any period
not exceeding seven days.

Circuit
Court to be
Appeal
Court.

How and
when
appeals
shall
be heard

The Appeal Court, Time of Hearing and when Appeal
Not to be Heard

22. The Circuit Court for every parish in this Island
shall be the Appeal Court for matters arising in every such
parish.

23. Every appeal shall be heard at the then next
succeeding Circuit Court of the parish wherein the judg-
ment appealed from was delivered, if such Court shah meet
within one month after the perfection of such judgment;
but if a longer interval shall occur between the perfection
of the judgment and the holding of the Circuit Court, then
it shall be lawful for either the appellant or respondent
to require, and for the Clerk of the Resident Magistrate’s
Court to transmit, a transcript of the information, sum-
mons, evidence, conviction, order, or judgment appealed
from, and to submit the same for adjudication before any
Judge of the Supreme Court in Chambers, who shall
thereupon, if he conceive the proceedings to be question-
able, issue his summons to the opposite party to attend to
show cause before him or any other Judge of the Supreme
Court why the judgment appealed from should not be
quashed; but if such judgment should, on such application
by the appellant, appear to be valid and good, then such
Judge shall endorse his confirmation thereof on the pro-
ceedings and return the same into the office of the Clerk of
the Resident Magistrate’s Court where the case was ad-
judicated; and upon the appearance or default of
appearance on any such summons to be issued as aforesaid
by the Judge, he shall examine into the matter of such
appeal, and determine the same in his judgment finally.

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JUSTICES OF THE PEACE (APPEALS) 13

24. No appeal shall be heard unless the appellant shall ~ ~ a ~ ~ ~ l

of appeal as herein directed, and entered into the recogniz- gwen,=m.
ance respectively herein required within the period herein
in that behalf limited.

have given and served the notice of appeal and the grounds unless to be heard notice

25. If the appellant shall fail to give and serve the Ifnotice
notice and grounds of appeal, and enter into the and ofappcal grounds
recognizance respectively herein required, his right to ;:;:
appeal shall cease and determine, and the party in whose nirancenot
favour the judgment, decision, or report shall have been right of
made shall thereupon be at liberty forthwith to take all
lawful means for enforcing the same; and any Justice, or
other proper officer or body of the parish wherein such
judgment, decision, or report was made, may issue all
necessary process for enforcing the same, according to the
forms prescribed by the enactment under which the proceed-
ings were originally commenced, or as may be provided
by any other enactment now or hereafter to be passed for
enforcing the same.

entered into,

Practice und cowse of Procedure, Powers of Court, Costs
26. The provisions of this Act shall be construed Conrtruc-

tion of liberally in favour of the right of appeal; and in case any Act.
of the formalities prescribed by this Act shall have been
inadvertently, or from ignorance or necessity, omitted to
be observed, the Appellate Judge, if the justice of the case
shall so require, may, upon terms admit the appellant to
impeach the judgment, order, conviction, or proceeding
appealed from.

27. When notice of appeal is given, and the respondent costs
is thereby induced to incur any expense, and the appellant
shall not afterwards perfect or prosecute his appeal, the abandond.
Court shall have power to award costs against such
appellant.
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14 JUSTICES OF THE PEACE ( A P P E A W

28. The Appellate Judge shall have power to refer the
case back to the Justices for further investigation, or
further evidence on any point on which he shall deem the
evidence defective; and the Justice or Justices who tried
the case, or any other two Justices, shall have power, on
the application of the appellant or respondent, to summon
witnesses, and to take aU evidence which may be tendered,
and which may bear on the case generally, or on the
specific points referred to his or their investigation.

29. The following general rules of practice shall prevail

None but barristers or solicitors, or the appel-
lants and respondents in person, shall be entitled
to address the Court.

Second. The appellant shall begin by proving that
he has served the notice and grounds of appeal,
and entered into the recognizance respectively as
herein required.

Third. If matters of fact are in issue, the party
asserting the affirmative of the issue of fact shall
begin and produce his witnesses or evidence, after
which the other shall call witnesses or produce
evidence and reply. The evidence or witnesses on
both sides shall be the same as were examined and
produced at the proceeding, the judgment,
decision or report, wherein is appealed from.

Fourth. If no matters of fact are in issue, but a
question of law only is raised by the appeal, the
appellant will state his objections, after proving
his notice and grounds of appeal and the recogniz-
ance respectively herein required, and the
respondent will be heard in reply.

in the Appeal Courts-
First.

30. Proof of service of the notice and grounds of appeal
respectively herein required may be made by affidavit, to
-

m e inclusion of this page is authorized by L.N. 480/19731

Reference
back to
Jurticcs.

Rules of
practice in
Appeal
court.

Proof of
service of
notice, etc.

JUSTICES OF THE PEACE (APPEALS) 15

be sworn before the Judge of the Appeal Court, or any
Justice, and any person wilfully making any false state-
ment in any such affidavit shall be liable to be prosecuted,
and, if convicted, shalI be punished with the like penalties
as are imposed in the case of perjury:

Provided that it shall be lawful for the Judge of the
Appeal Court, if not satisfied with any affidavit of service
and grounds of appeal, to require the service of the notice
aforesaid to be proved, viva vow, on oath:

Provided also, that any written admission of service of
notice by the Justices entitled thereto shall be taken to be
sufficient service under the provisions of this Act, as far
as such Justices are concerned.

31. The Court, or Judge, on the hearing of any matter Defectsof

defect in form in any part of any proceedings, or the record amended.
thereof, and also, if any variance shall appear between any
matter in writing or in print produced in evidence and the
recital or setting forth thereof in any such proceeding, or
any part thereof, or the record thereof respectively, to
cause the same to be amended as occasion shall require;
and after any amendment as herein provided, the case shall
proceed in the same manner, and all and every the pro-
ceedings wherein the decision appealed from shall be made
shdI be attended with the like effects in all respects with
regard to the liabilities of parties thereto, or the liability
of witnesses to be indicted for perjury or otherwise, as if
no amendment had been made :

Provided, the Court may direct that any such amend-
ment shall be made only upon such terms as to the Court
shall seem meet and just.

within its jurisdiction, is hereby empowered to amend any may iornl, be tc.,

32. Every information, summons, order, conviction NO proceed-
ing to be set
aside far warrant of distress, or commitment, or other proceeding

shall be deemed valid and sufficient in which the offence :;;Arm,
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16 JUSTICES OF THE PEACE (APPEALS)

or claim shall be set forth in the words of the enactment
creating the offence or giving jurisdiction, or which shall
follow the form given by any enactment relating to the
offence or claim, or the general form in the Schedule given
for any such proceeding under Parts I and I11 of the Justices
of the Peace Jurisdiction Act or under the general provisions
of that Act or any other enactment passed, or to be passed
for the like purpose; and no proceeding shall be set aside for
form merely where it appears that the party accused or
called on to answer in the matter was d d y summoned, and
had notice of the ogence charged, or claim made against
him.

Wherc
recognizance
informal,
ncw recog-
nizance mav
be entrrcd .
illio.

33. Where any recognizance shaIl have been entered
into within the time herein required, but shall appear to
the Appeal Court or Judge to have been informally entered
into, or drawn up, or signed, or stamped, or to be otherwise
defective or invalid, it shall be lawful for such Court or
Judge, if they shall think fit, to permit a new and sufficient
recognizance to be entered into in the place of such
informal, defective, ur invalid recognizance; but the trial
of such appeal shall not be delayed unless the Appellate
Judge shall, on application for that purpose, think fit to
postpone the same to the next Court, and no longer; and
he shall and is hereby empowered to impose such terms as
to payment of costs to the respondent, or otherwise, as to
such Judge shall appear just and reasonable; and such
substituted recognizance shall be as valid and effectual, to
all intents and purposes, as if the same had been duly
entered into at any earlier time as required by this or any
enactment now or hereafter to be in force.

Evidence at

appeal.
34. The evidence taken and certified by the Clerk of the

Resident Magistrate’s Court at the hearing shall be read
and received by the Appellate Judge as the evidence in the
case, unless the appellant and respondent, or either of
them, shall within fourteen days after the perfection of

hearing of

IThc iodusioa of tbia page is authorized by LN. 480(1973]

JUSTICES OF THE PEACE (APPEALS) I?

the judgment, signify to the Clerk of the Resident
Magistrate’s Court his dissatisfaction therewith; in which
case they or he shall be at liberty to re-examine viva voce
before the Appellate Judge, and shall come prepared with
the witnesses examined by the adjudicating Justices, any
or either of them that he may require; and no other than
such as shall have been examined or tendered and refused
by the Justices aforesaid shall be called as witnesses on the
hearing of the appeal; and no other documentary evidence
than such as shall have been admitted or tendered and
refused in evidence before such Justices shall be admitted
on the hearing of the appeal.

35. The Judge of the Appeal Court shall have power to Appdlate
court may administer oaths, or to take solemn affirmation in any case

wherein an affirmation may by law be taken instead of an anoath,
oath; and any person who in any examination upon oath
or solemn affirmation shall wilfully and corruptly give
false evidence shall be indicted for perjury, and shall, on
conviction, be punished with all the penalties attaching
to perjury; and any party or witness who shall appear to
give false evidence wilfully and corruptly may be committed
and detained for examination on such charge of perjury
by any Justice of the parish wherein the charge is made,
and shall be thereupon dealt with according to law, as in
other cases of perjury.

administer

36. Notwithstanding anything in any law regulating powerto
appeals from a Court of Petty Sessions the Appeal Court i$F:ce
or Judge shall, if such Court or Judge thinks that a ,;;;din
different sentence should have been passed, quash the sessions.
sentence passed by the Justice or Justices at the trid and
pass a less severe sentence in substitution therefor as such
Court or Judge thinks ought to have been passed. Any
substituted sentence so passed shall be enforceable in the
same manner as the sentence for which it has been
substituted would have been enforced.

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JUSTICES OF THE PEACE (APPEALS)

37. The Appeal Court or Judge may, notwithstanding
that the Court or Judge is of the opinion that the point
raised in the appeal might be decided in favour of the
appellant, dismiss the appeal if such Court or Judge
considers that no substantial miscarriage of justice has
actually occurred.

38. The Judge of the Appeal Court shall have pclwer to
award costs, not exceeding the sum of six dollars, in any
case either heard before him, or in which, the notice of
appeal and recognizance having been given as herein
required, the appeal shall be withdrawn or shall not be
prosecuted or proceeded with.

39. The Appeal Court or Judge shall in its discretion
respite and adjourn the appeal as often as the justice of
the case shall require.

Proceedings if Decision Affirmed or Reversed; Simple
Dismissal of Appeal

40. If the decision appealed from shall be affirmed by
such Court or Judge, the Judge shall endorse thereon the
words “judgment affirmed”, with his signature; or if the
appeal shall be withdrawn, or not proceeded with or
prosecuted the Judge shall endorse the words “appeal
withdrawn”, or “not proceeded with”, or “ not prosecuted”;
and in any of such cases it shall be lawful for the Judge
also to endorse the amount of costs (if any are given) by
the Appeal Court; and thereupon any Justice of the parish
wherein the proceeding, in which the appeal was made, took
place shall immediately, on application by the party
entitled, add the costs so given by the Court to any penalty
or sum of money and costs, if any, ordered to be paid on
the proceedings wherein such app-al shall be made, and
issue all necessary warrants for the recovery of the whole
by distress and sale, or commitment, or otherwise, accord-

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