giving the power of appeal, and regulating the mode of doing so, is given in this work. Where three Justices have convicted, notice of appeal must be given to each. (R. v. JJ. of Bedfordshire, 11 A. & E., 134).

The appellant should enter the appeal for hearing with the Clerk of the Peace. It has been lately ordered by the Chairman of Quarter Sessions for the Metropolitan district, Mr. Holroyd, that this be done on or before the Saturday next preceding the Sittings.

Practice].-Appeals are generally called on for hearing at the conclusion of the Criminal business of the Quarter Sessions; in each case the Clerk of the Peace reads the conviction; the appellant is bound, if required, to satisfy the Court, in limine, that the right of appeal exists, and that he has complied with the conditions on which the right of appeal is given. Afterwards the appellant may object to any illegality appearing on the face of the conviction, and, if such objection be sustained, the Court must quash the conviction; but, if the conviction be sustained, the respondent proceeds to support the conviction.

Fresh Evidence may be adduced on the hearing of the Appeal].-On the trial against a conviction, either party may adduce fresh evidence in addition to or in place of that which was originally offered at the Police Office, so that such additional evidence be within the terms of the notice; and the informant in his new character of respondent at the Quarter Sessions, will have to begin and prove his case de novo, as he did in the first instance, upon the hearing of the information, and should be prepared accordingly. The trial of the appeal is thus, in fact, a rehearing of the merits. (See Dickenson's Q. S.)

The convicting Justice should not sit as a Justice on the hearing of the appeal at Quarter Sessions.

Section 27 of 11 and 12 Vic., c. 43, (page 207), provides that, after an appeal decided for respondent, the conviction is to be enforced, and the costs, if either party to have them, to be paid to the Clerk of the Peace ;-that Justices are to issue a distress warrant for the same, and, in default, commit. The statutory forms will be found, Part II., Chap. II., p. 482. (N)

Of the mode of proceeding to obtain Mandamus or Certiorari].—It is the less necessary to notice further the practical means to be pursued in order to obtain the mandamus or certiorari, on account of the unfrequency with which summary convictions will now be brought under the notice of the Judges, arising, doubtless, from the clause which is usually inserted in modern Statutes relating to the summary jurisdiction, expressly taking away the power to remove the proceedings by certiorari or otherwise into any of the superior Courts, and the more easy remedy provided in this Colony by the Statutory Prohibition; (see Justices, No. 4, post, p. 259). The Supreme Court will not, upon the return of the writ of certiorari, re-hear the merits, although in certain cases, and under peculiar circumstances, the Judges in England have received affi

(N) The section (s. 27) establishes one general rule and uniform practice as to appeals against summary convictions and orders, and to those cases only, (see ex parte Huntley, 23 L. J. M. C., 106), and impliedly repeals the provisions of any previous Statute in which there is a different enactment as to the costs of appeal. (R. v. Hellier, 17 Q. B., 229).

davits from both sides, in order to procure information with respect to collateral extrinsic proceedings. (R. v. Jukes, 8 T. R., 542).

Where Certiorari is taken away by the statute, the Crown is not barred]. -The general clause taking away the certiorari, usually inserted in modern statutes, does not, however, extend to the Crown, which can only be barred by an enactment in which it is expressly referred to by nomination; and there is no difference in this respect between the Crown and a private individual preferring an indictment or information in his own name, as every prosecution is considered in law to be on behalf of the Crown. (R. v. Boultbee, 4 Ad. & E., 496). A certiorari would be granted to remove a conviction obtained for fraudulent and collusive purposes, as where a master malster had procured a conviction of one of his servants under the Excise Acts, the certificate of which would operate as a bar to any prosecution against himself. (R. v. Gillyard, 12 Q. B., 527).

APPREHENSION OF OFFENDERS.

(See "ARREST.")

With regard to the apprehension of offenders escaping from Van Diemen's Land or South Australia to New South Wales, reference must be made to 2 Vic., No. 11, s. 1, which empowers and requires the Magistrates of New South Wales to endorse any warrant issued by the Judge or Justice, &c., of Tasmania or South Australia, upon proof on oath of the handwriting of such Judge or Justice, which shall authorize the execution of such warrant within any part of New South Wales and its dependencies; and such offender or offenders may be apprehended and carried either before the endorsing Magistrate or any other Justice of the colony of New South Wales.

By s. 2, the party apprehended, not being or suspected of being convict, is to be admitted to bail, (if the offence is bailable). The bail bonds are to be in duplicate, - one to be delivered to the officer apprehending, the other to be transmitted to the Chief Clerk or other proper officer of the Supreme Court, to be kept of record, to be estreated as other bail bonds Provided that parties not bailable or bailed shall be remanded to the custody of the apprehending officer to be conveyed to Van Diemen's Land or South Australia.

14 Vic., No. 7, s. 1, (referring to the Imperial Act 6 & 7 Vic., c. 34, see infra), enacts that any person in New South Wales charged with the commission of any offence,-(treason and felony and all indictable misdemeanors committed, or charged to have been committed, within any of the Australian colonies, s. 7),-may be apprehended by the warrant of a Magistrate of this territory, just as if the offence had been committed within the ordinary jurisdiction of such Magistrate: (s. 2), and such supposed offender may be committed to prison upon such evidence of criminality as would justify his committal for trial in ordinary cases, there to remain until he can be forwarded to the colony where the offence was committed; upon such committal, information thereof in writing under the hand of the committing Magistrate, accompanied by a copy of his warrant, and the depositions upon which the same was granted, shall be forwarded to the Governor.

By s. 3, such Magistrate, upon any such evidence of criminality as would justify a remand for further examination, (where evidence is expected from remote parts), if the offence had been committed within the ordinary jurisdiction of the Magistrate, may commit such prisoner by way of remand for such reasonable time, not exceeding one cal. month, until copies of depositions, taken, certified, and attested, shall have been received from the colony in which the offence is alleged to have been committed, and submitted to the same or some other Magistrate; and thereupon such Magistrate may either discharge or finally commit such offender : Provided that immediately upon such committal by way of remand, information thereof in writing, under the hand of the committing Magistrate, accompanied by a copy of the depositions upon which the remand was ordered, shall be given to the Governor.

S. 4. Bail is to be allowed, or otherwise, as in ordinary cases, for the surrender of the party at a day and place to be specified in the recognizance.

S. 5. Copies of depositions, in cases above-mentioned, taken by a person having lawful authority to take the same in the Colony where the offence is said to have been committed, if duly certified under the hand of the person taking such depositions, and attested on oath by the party producing the same to be true copies of the original depositions, are to be received in evidence of the criminality of the prisoner.

By s. 2 of 6 & 7 Vic., c. 34, if any person charged with having committed any offence, (o) whether or not within the United Kingdom, and against whom a warrant shall have issued by lawful authority, shall be in any other part of Her Majesty's dominions which do not form part of the United Kingdom, such warrant, being endorsed by some Judge of the Supreme Court of the country where such party shall be with his name, is a sufficient authority to the persons bringing the warrant, and to all persons to whom such warrant was originally directed, and to all peaceofficers of the place where the warrant shall be so endorsed, to execute the same within the jurisdiction of the Judge who endorsed it, and to apprehend the party, and convey him before a Magistrate of such place.

By s. 3, the offender may, upon sufficient evidence, be committed to gaol, until he can be sent back to the place where the offence was committed. Immediately upon such committal, information thereof in writing under the hand of the committing Magistrate, together with a copy of the warrant, shall be given to the Governor, (or, if in England, to the Secretary of State, &c.)

By s. 4, in such case, copies of the depositions upon which the original warrant was granted, certified under the hand of the person issuing such warrant, and attested by the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person apprehended. (See 14 Vic., No. 7, s. 5).

(0) It may be remarked that, although the warrant to be endorsed under 6 & 7 Vic., c. 34, was confined to offences amounting to treason, or some felony such as the Justices at Quarter Sessions have authority to try under 5 & 6 Vic., c. 38, (see s. 10 of 6 & 7 Vic., c. 34), that limitation is now repealed, and the statute extends to any felony. (See Imperial statute 16 & 17 Vic., c. 118).

The 5th sec. provides that, under a warrant of the Governor, the person so apprehended and committed is to be delivered into the custody of some person or persons named in the said warrant, and to be sent forthwith to the place where the offence has been committed; and, by the 6th section, if such person be not sent within two months after committal, he may apply to any of Her Majesty's Judges where such supposed offender shall be in custody, to be discharged, upon proof of notice of the intention to make the application having been given to the Governor, (or Secretary of State, as the case may be); and a similar provision is made by the 7th sec., that a person apprehended, if not indicted within six months after his arrival in that part of H. M. dominions in which he is charged to have committed the offence, or if, upon his trial, acquitted, is to be sent back to the place of his apprehension free of cost to such person. The 9th sec. provides that it shall not be lawful for any person to endorse his name on any such warrant for the purpose of authorizing the apprehension of any person under this Act, until it shall have been proved to him, by oath or by affidavit, that the seal or signature upon the same is the seal or signature of a person having lawful authority to issue such warrant whose seal or signature the same purports to be.

APPRENTICE.

The

The contract of Apprenticeship is, as its name denotes, (apprendre), a bargain for instruction to be bestowed by one person on another, who in return agrees to give up his whole time and services to his master. contract of binding by 5 Eliz., c. 4, must have been by deed indented; and although 54 Geo. III., c. 96, has dispensed with that formality, still even under it a writing is required, and a mere parol binding would not constitute an apprenticeship. The master may, for the misbehaviour of the apprentice, correct him personally, if he do amiss, taking care to use due moderation in the infliction of the punishment; he may also complain of him before the Justices; but he cannot delegate his authority. (9 Co., 76). The contract of apprenticeship is one of those by which a person under age is permitted by law to bind himself, "because," said Lord Mansfield, (5 Bro., P.C. 570), "if an agreement be for the benefit of an infant, it shall bind him." He may, indeed, elect to avoid the agreement at his full age, (ex parte Davis, 5 T. R., 715), or even while under age, if it be manifestly for his benefit so to do. (R. v. Gt. Wigton, 3 B. & C., 484; R. v. Lord, 12 Q.B., 757). If the apprentice himself do not execute the instrument of apprenticeship, it will not be binding. But see ex parte Erwin, (decided in 1857), Part III.

The binding is now usually effected by deed, containing covenants by the master and apprentice for faithful discharge of their respective duties towards each other. The master may, as we have seen, correct him per sonally, if he do amiss; he may also complain of him before Justices of the Peace, or maintain an action against any adult person who has covenanted for the good behaviour of the infant in the deed of apprenticeship, and the liability of such person continues, although the infant should, on coming of age, elect to avoid the deed. (Cuming v. Hill, 3 B. & Ald., 59).

The apprentice, on his part, is entitled to have the covenants in the indentures duly performed towards him; and, even independently of the instrument of apprenticeship, the master may be sued, or, in a gross case of misconduct, indicted, for ill-usage and neglect of him. (2 Camp., 650). 9 Geo. IV., No. 8, s. 1, enables persons holding certain offices in New South Wales to take apprentices to serve under them and their successors in office. The persons specified by the Act are the Civil Engineer, the Master Attendant, and Master Shipwright of the colony for the time. being, or any other officer in the service of the Government, having the special direction and control of persons of any particular description of trade or calling within the colony. The term of apprenticeship is to be from 3 to 7 years. S. 2. The indenture is to be executed by the parent or guardian of the apprentice, and by the apprentice himself, of the one part, and by the Civil Engineer, or other officer, of the other; and is to contain a specification of the particular art or trade which the apprentice is to be taught.

S. 3. If the apprentice has no parent or guardian living, two Magistrates residing in the district, or the two nearest Magistrates, are to execute the indenture in their stead. S. 4. All masters of apprentices in the colony, whether in the service of Government or not, shall have such and the like powers over such apprentice as the master of every apprentice has by the laws of England, and are in like manner responsible and amenable for the due performance of the contract. S. 5. In cases of difference between the parties, and a complaint having been made, two Justices have authority to make such order, &c., as they think fit: Provided that no apprentice shall be discharged from his indenture unless by order, in writing, under the hands and seals of such Justices.

Sydney Female School of Industry].-10 Geo. IV., No. 4, enables members of a certain society, denominated "The Sydney Female School of Industry," to receive apprentices. 14 Vic., No. 29, provides for the apprenticing of female children admitted into "The Sydney Female School of Industry," to the Secretary for the time being of the said Society, and authorizes such Secretary to apprentice such children to other persons. Directions are given as to the course to be pursued, and the Forms to be used, on these occasions: by s. 17, a Justice, on the complaint of the Secretary of the Society, or of the apprentice, or any person on behalf of the apprentice, may cancel the instrument of apprenticeship; and similar power is given by s. 19, on complaint of any assignee of an apprentice; and by s. 20, a fine not exceeding £10 may be inflicted on any such assignee for ill-treatment, misconduct, or breach of duty towards his apprentice, and also the instrument of assignment may be cancelled. By s. 23, upon order being made to cancel the instrument of assignment, the instrument of apprenticeship revives; and s. 24 inflicts a penalty not exceeding £10 on any person "enticing, or taking away, or employing, or harbouring, or aiding, or being concerned in enticing," &c., any child who shall be assigned by any such instrument of assignment as aforesaid, while such instrument of apprenticeship or assignment, respectively, shall remain in force. Every such fine is to be recovered as offence (1); see infra.