THE LAW JOURNAL REPORTS FOR THE YEAR 1877. CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW, CHIEFLY CONNECTED WITH The Duties and Office of Magistrates, PRINCIPALLY DECIDED IN THE QUEEN'S BENCH, COMMON PLEAS, AND EXCHEQUER DIVISIONS, IN THE APPELLATE DIVISIONAL COURT, AND IN THE COURT FOR CROWN CASES RESERVED, MICHAELMAS SITTINGS, 1876, TO TRINITY SITTINGS, 1877, BOTH INCLUSIVE. REPORTED In the Court for Crown Cases Reserved, and the Appellate Divisional Court, By THOMAS SIRRELL PRITCHARD, ESQ., AND WALTER HENRY MACNAMARA, ESQ., BARRISTERS-AT-LAW. In the Queen's Bench Division, By J. H. ETHERINGTON SMITH, ESQ., AND RICHARD HOLMDEN In the Common Pleas Division, By WILLIAM PATERSON, Esq., AND GILBERT GEORGE KENNEDY, Esq., BARRISTERS-AT-LAW. In the Exchequer Division, By JOHN ROSE, ESQ., AND W. DECIMUS I. FOULKES, Esq., MAGISTRATES' CASES. VOLUME XLVI. LONDON: PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARE. PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE MDCCCLXXVII. SUPREME COURT OF JUDICATURE. CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW, CHIEFLY CONNECTED WITH The Duties and Office LAW JOURNAL REPORTS, VOL. XLVI. Practice-Appeal in Criminal MattersJudicature Act, 1873, ss. 19, 47-Judicature Act, 1875, s. 19—Order LXII. The effect of s. 47 of the Judicature Act, 1873, explained by section 19 of the Act of 1875, is to prohibit appeals not only from the Court of Criminal Appeal, but also in all criminal matters and proceedings in the High Court. The taxation of costs allowed to a successful defendant in a criminal information for libel is a "proceeding in a criminal cause" within the meaning of the above sections, and, therefore, no appeal lies from an order of the Queen's Bench Division as to such taxation. This was an appeal from a decision of the Queen's Bench Division which will be found reported in 45 Law J. Rep. Q.B. 391. By that decision an order of the Master was upheld, allowing on taxation (under 6 & 7 Vict. c. 96) certain items incurred before the filing of the information in criminal proceedings for libel. Before entering upon the merits of the case, Charles Russell and Crompton, for the defendant, objected to the jurisdiction of VOL. 46.-M.C, the Court of Appeal on the ground that no appeal lay from the Queen's Bench Division in a criminal matter except for error apparent on the record.-Before the Judicature Acts there would have been no appeal in such a case. In those Acts the sections bearing upon the subject are, first, section 47 of the Act of 1873, by the earlier part of which the jurisdiction of the Court for Crown Cases Reserved is maintained, while the latter part regulates the right of appeal. Then came section 71 of the same Act, reserving the Crown Practice of the Court of Queen's Bench. This section was repealed by section 34 of the Act of 1875, which substitutes for it the provisions of section 19 and Order LXII. [LORD COLERIDGE, C.J.-May it not be urged that section 47 applies exclusively to the Court for Crown Cases Reserved?] [MELLISH, L.J.-Suppose a criminal information applied for and refused. Might not there be an appeal to this Court? It would be an order of the High Court, against which an appeal would lie (see Order LVIII. rule 10).] That may be so: the giving or refusing such an order is discretionary. But the latter part of section 47 is of wider scope than the practice as to Crown Cases Reserved. [LORD COLERIDGE, C.J.-If it were B |